IMAGE  EVALUATION 
TEST  TARGET  (MT-S) 


// 


M 


4^ 


//////  ^         V% 


'€ 


^"^^    //A 


"S? 


J 


^/^ 


1.0 


I.I 


1.25 


■tt   lU     III 

40    12.0 


12.2 


1.4 


1.6 


Sciences 
Coipordtion 


>>^^ 


">«y^-''^ 


as  WIIT  MAIN  STRICT 
WIltTIRNY    I4SI0 


'^j^ 


'<j^ 


CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  da  microraproductions  historiquas 


O^ 


Technical  and  Bibliographic  Notes/Notas  techniques  et  bibliographiques 


The  0 
to  the 


The  Institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibliographically  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


D 
D 
D 
D 
D 

a 

D 
D 
D 

D 


D 


Coloured  covers/ 
Couverture  de  couleur 

Covers  damaged/ 
Couverture  endommagAe 

Covers  restored  and/or  laminated/ 
Couverture  restaurie  et/ou  pellicul4e 

Cot/er  title  missing/ 

Ls  titre  de  couverture  manque 

Coloured  maps/ 

Cartes  giographiques  en  couleur 


Coloured  ink  (i.e.  othe^  than  blue  or  black)/ 
Encre  de  couleur  li.e.  autre  que  bieue  ou  noire) 


Coloured  plates  and/or  illustrations/ 
Planches  Si/ou  illustrations  en  couleur 


Bound  with  other  material/ 
Relii  avec  d'autres  documents 

Tight  binding  may  cause  shadows  or  distortio«> 
along  interior  margin/ 

Lareliure  scrr^ke  peut  causer  de  I'ombre  ou  de  la 
diatorsion  le  long  de  la  marge  intirleur* 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajouties 
lors  dune  restauratlon  apparaissent  dans  le  texte, 
mais,  lorsquc  cala  Atait  possible,  cas  pages  n'ont 
pa3  M  filmAas. 

Additional  comments:/ 
Commentairas  ■uppl4mentairat; 


L'Institut  a  microfilm^  le  meilleur  exemplaire 
qu'il  lui  a  6ti  possible  de  se  proturer.  Les  details 
de  cet  exemplaire  qui  sont  peut-dtre  uniques  du 
point  de  vue  bibliugraphique,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  exiger  una 
modification  dans  la  mithode  normale  de  filmaga 
sont  indiqu^s  ci-dessous. 

□   Coloured  pages/ 
Pages  de  couleur 

□    Pages  damaged/ 
Pages  endommagies 

□    Pages  restored  and/or  laminated/ 
Pages  restauries  et/ou  pelliculies 

r*~L  Pages  discoloured,  stained  or  foxed/ 
L^    Pages  dccolories,  tachet^es  ou  piqudes 

□Pages  detached/ 
Pages  ditachies 

["pShowthrough/ 
u^   Transparence 

[~~1    Quality  of  print  varies/ 


n 


Quality  inigale  de  I'imprfission 

Includes  supplementary  material/ 
Comprend  du  matiriel  supplimentaire 


Only  edition  available/ 
Seule  4di*ion  disponible 

Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc..  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partieilement 
obscurcies  par  un  feuillet  d'arrata.  une  pelure, 
etc..  ont  M  filmies  A  nouvaau  de  facon  A 
obtenir  la  mi^Meure  image  possible. 


The  ii 
possil 
of  th( 
fllmir 


Origii 
begin 
the  la 
sion, 
other 
first  I 
sion, 
or  ilk 


Theli 
shall 
TINU 
whici 

Mapi 

differ 

entire 

begir 

right 

requi 

meth 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  film*  au  taux  da  reduction  indiqu*  ci-dessoua. 

10X  14X  18X  22X 


26X 


30X 


, y 


12X 


1IX 


20X 


a4x 


2IX 


33X 


The  cupy  filmed  here  has  been  reproduced  thanks 
to  the  generosity  of: 

IVIetropolitan  Toronto  Library 
Canadian  History  Department 


L'exemplaire  film6  fut  reproduit  grdce  A  la 
g6n6ro8it6  de: 

Metropolitan  Toronto  Library 
Canadian  History  Department 


The  images  a  peering  here  are  the  best  quality 
possible  considering  the  condition  and  legibility 
of  the  original  copy  and  in  keeping  with  the 
filming  contract  specifications. 


Las  images  suivantes  ont  6t6  reproduites  avec  le 
plus  grand  soin,  compte  tenu  de  la  condition  et 
de  la  nettet6  de  l'exemplaire  filmA,  et  en 
conformity  avec  les  conditions  du  contrat  dc 
filmage. 


Original  copies  in  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprim6e  sent  film6s  en  commenpant 
par  le  premier  plat  et  en  terminant  soit  par  la 
dernidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration,  soit  par  le  second 
plat,  selon  le  cas.  Tous  les  autres  exemplaires 
oiiginaux  sont  fiimis  en  commerpant  par  la 
premiere  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  dernlAre  page  qui  comporte  une  telle 
empreinte. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  — •-  (meaning  "CON- 
TINUED "),  or  the  symbol  V  (meaning  "END"), 
whichever  applies. 


Un  des  symboles  suivants  apparaltra  sur  la 
derniire  image  de  cheque  microfiche,  selon  le 
cas:  le  symbole  — ^-  signifie  "A  SUIVRE",  le 
symbole  V  signifie  "FIN". 


Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  f'/lmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Les  cartes,  planches,  tableaux,  etc.,  peuvent  Atre 
filmAs  A  des  taux  de  reduction  diffirents. 
Lorsque  le  document  est  trop  grand  pour  Atre 
reproduit  en  un  seui  clich6,  il  est  filmA  &  pnrtir 
de  I'angle  supArieur  gauche,  de  gauche  A  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  nicessaire.  Les  diagrammes  suivants 
illustrent  la  mithode. 


1 

2 

3 

1 

2 

3 

4 

5 

6 

r 


SPEECH 


croN  THE  «db;ect  or 


THE     NORTHEASTERN     BP^-l^NDAHV,    . 


nSLIVEREO 


IN    T  H  t:    HOUSE    OF    R  E  P  R  E  H  E  N  T  A  T  I    '  E  '3 


0t^ 


Fkbruary  7  ANU  8,  1838. 


BV  MR.  EVANS, 
Uiir  ul  Uiv  HepiotflutaUvca  Uroui  Maine. 


WASHINGTON: 

fRINlKD  HV  UALlit  AND  ■liATUN 

1838. 


.-.^..w   -—■ 


^  *0  ^  "i-^  o 


{MiUTc^ 


-ja^rnfs^atijjte:- 


JUN?:0  1955 


NOTE. 


«  V  E  E  C  H. 


1 


On  the  15th  day  of  December,  Mr.  Evans  gave  notice  that  he  should  move  for  leave  to 
introduce  a  bill  to  provide  for  the  demarcation  of  the  northeastern  boundary  line  of  the 
United  States,  6n  the  first  day  when  the  States  should  be  called  for  resolutions,  at  which 
time  ilone  it  would  be  in  order,  by  the  rules  of  the  House,  to  submit  such  a  motion.  The 
States  not  having  been  called,  no  opportunity  was  afforded  of  bringing  forward  the  bill 
indicated  ;  but,  on  the  29th  of  January,  a  message  was  received  from  the  President,  trans- 
mitting certain  documents  respecting  the  imprisonment  of  Mr.  Greely;  which  was  post- 
poned, and  ordered  to  be  printed.  On  the  7th  February,  Mr.  Evans  asked  for  its  consider- 
ation, and  it  being  taken  up,  he  said  ho  should  move  to  refer  it  to  the  Committee  on 
Foreign  Affairs,  and  at  the  same  time  he  wished  for  leave  to  introduce  the  bill  of  which  he 
had  formerly  given  notice,  that  it  might  also  bo  referred  to  the  same  committee.  Objection 
being  made  by  Mr.  Cambrei.enc,  he  then  moved  to  commit  the  message,  with  instructions 
to  report  the  bill ;  and  upon  thai  .notion  commenced  the  remarks  which  he  made.  Before, 
however,  he  closed,  the  objection  was  withdrawn,  and  he  had  leave  to  introduce  the  bill, 
which  receivcil  a  first  and  second  reading,  and  he  moved  its  reference  to  the  Committee 
on  Foreign  Affairs.     The  bill  is  as  follows  : 

A  BILL  to  provide  for  suiveying  tiie  iiortlienxlern  boundary  line  of  ilie  United  Slates,  according 
to  thu  provJBions  of  tlie  ticuiy  of  peiico  of  Bevcnlecn  hundreJ  and  eighty-three. 

Be  it  enacted  by  the  Senate  and  llouat  of  Representatives  of  the  United  Statea  of  America 
in  Congress  asaemliled,  Thul  tlio  President  of  the  United  Stuics  caufe  tlio  boundary  line  bo 
iweou  the  United  States  and  the  adjacent  British  Provinces,  from  the  source  of  the  St.  Croix  rivar 
directly  north  to  the  liighlanda  wiiicl:  divide  the  waters  that  fall  into  the  Atlantic  ocean  from  those 
wiiich  fnll  into  the  river  St.  Lawrence  ;  thence,  along  said  highlands,  (Vom  the  northwest  angle  of 
Novn  Scotia,  to  the  northwcsternmoKt  head  of  Connecticut  river,  as  particularly  defined  in  the 
treaty  of  peace  concluded  at  Paris,  the  third  day  of  September,  seventeen  hundred  and  eighty- 
three,  to  bo  accurately  surveyed  am'  marked,  and  suitable  monuments  to  bn  ejected  thereon,  at 
iiuch  points  as  niny  be  deemed  necesfary  and  important. 

Sec.  2.  And  be  it  further  enacted,  That,  for  the  purposes  aforesaid,  thn  President  be,  and  is 
hereb",  authorized,  if  in  his  judgment  ii  shall  be  necessary,  in  addition  to  the  services  of  the  corps 
of  topographical  cngineori.,  to  appoint,  by  and  with  the  advice  and  consent  of  the  Senate,  one  jom- 
missioner  and  onu  surveyor,  who  shall  petform  such  duties,  respectively,  as  may  he  assigned  to 
them  bv  the  President;  and  who  may  employ  such  assistants,  under  the  direction  of  the  Presi- 
dent, ab  shall  bo  noressary  ;  and  who  shall  make  an  f  xact  return  of  their  proceedings  to  the  Prosi- 
Jent,  together  with  a  correct  map  of  ilm  country  over  which  said  linr  passes,  exhibiting  the  prom- 
msnt  points  ot  its  topography,  and   the  location  of  the   morks  and  monuments  by  them  made 

and  eroded.  ,     . ,  .    ,  . 

Sec,  3.  And  be  it  further  enacted,  That  the  compeniation  of  ssid  comnnssloner  snd  surveyoi 

itisll  t^p  rrppeciivelv  St  Ihf  rate  of dollam  ptr  annum. 


Mr.  EvANR  said,  he  would  assure  llio  House  and  the  honorable  chairmatj 
of  tho  Ways  und  Means,  who  had  appealed  to  him  for  a  further  postpone- 
ment of  the  considoraiion  of  this  subject,  that  he  had  no  desire  whalover  to 
obstruct,  in  the  smallest  degree,  the  progress  of  tlie  appropriation  billi, 
which  had  boon  referred  to  as  of  pressing  necessity,  nor  to  impede  for  a  mo- 
ant,  .iili.ii   l>ii«iiii>aii  nf  niihlir  imnortonco.     He  was.  indeed,  reluctant 


Rjsnt 


imnortonco. 

—  J 


to  persevere  in  liis  purpose  at  the  present  time,  agiiiuit  the  wiihei  which  \\ii 


I 

1 


been  expressed  by  the  member  from  New  York.     Bui  tlie  8ubj(?ct  lie  was 
about  to  introduce  was  itself  one  of  great  public  exigency,  and  of  pressing 
and  immediate  imoortance  ;  and  lie  should  be  wanting   in  the  discharge  ol 
duty  to  the  State,  whose  humble  representative  he  was,  if  he  did  not  avail 
himself  of  this/rs<  and  only  opportunity  which  the  present  session  had  af- 
forded, to  press,  with  what  ability  he  might,  upon  the  prompt  and  early  at- 
tention of  the  General  Government,  the  just  rights  of  that  State  which  it 
was  bound  to  secure  and  protect,  and  to  remind   it  also  of  the  wrongs  that 
had  been  inflicted,  which  it  was  equally  under  obligation  to  redress.     You 
will  bear  me  witness,  Mr.  Speaker,  (said  Mr.  E.,)  that  from  the  first  day  of 
the  session  until  this  hour,  I  have  sought  with  the   most  sedulous  care,  an 
occasion  to  bring  to  the  notice  of  the  House,  the  important  topics  involved 
in    the    controversy  respecting   the   northeastern   boundary  ot    the  United 
States ;  and  to  claim,  as  I  now  claim,  from  the  hands  of  Congress,  some 
token—some    manifestation— some   movement,   indicating    its  readiness   to 
maintain  the  rights  of  the  nation,  no  less  than  those  of  an  individual  member, 
and  not  an  unworthy  nor  unimportant  member,  I  trust,  of  this  confederacy. 
If  the  present  opportunity  shall  pass  by,  another  may  not  soon,  if  ever,  again 
occur ;  and  the  duty  I  have  so  anxiously  waited  to  discharge,  may  be  long 
postponed,  if  not  entirely  frustrated.     I  have,  therefore,  no  alternative,  but 
to  seize  the  occasion  now  presented ;  and  1  am   the   more  desirous  to  do  it, 
because  those  interesting  subjects  have  never  undergone  public  discussion  in 
either  House  of  Congress,  and  have  attracted  much  less  of  public  attention 
than  is  justly  due  to  their  importance.     I  fear,  indeed,  they  are  very  little 
understood,  and  less  regarded,  out  of  the  limits  of  the  States  immediately 
in'eresled.     But,  sir,  a  period  has  arrived,  that  does   not  admit   of  longer 
delay.     Something  must  be  done,  and  that  soon.     I  propose  to  do  it  how, 
and  the  measure,  I  ofter,  is  plain,  intelligible,  specific.     It  is,  to  run   the 
boundary  line  of  our  northeastern  frontier,  in  exact   accordance  with   the 
description  of  it,  in  the  treaty  of  1788,  and   to   establish  such  marks  and 
monuments  thereon,  us  shall  designate  with  certainty  and  accuracy  the  pre- 
cise extent  of  our  limits.    Is  it  not  a  proper  and  a  desirable  measure]    More 
ihan  a  half  century,  since  the  organization  of  our  national  Government,  has 
gone  by,  and  the  great  duty  of  planting  its  standard   upon  its  confines,  ot 
marking  out  to  the  eye  of  the   world  its  exterior  boundaries,  to  which  its 
jurisdiction  will  be  maintained,  and  within  which  aggression  will  not  be  tole- 
rated, yet  rem;ims  to  be  performed.     The  object  I  have  in  view  is,  to  re- 
pair this  long  npfilect— to  do  what  the  President,  in  his  message,  says  "  no 
nation  should  long  sufl'or  to  remain  in  dispute,"  to  fix  the  line  which   sepa- 
rates our   country  from   the   possessions  of  another   nation — lo  teriniiuite  a 
long-pending  controversy,  in  whose  adjustment  no  progress  has  been  made 
for"^many  years,  nor  can  .iny  be  anticipated,  unless  i)y  the  adoption  of  some 
new,  prompt,  decided,  movement  on  the  part  of  the  General  (Government, 
the  slow  proc'ee-diii^s  of  a  foreign  Power  shall  be  (luickem-d,  and  its  ground- 
less demands   and   lawless   aggressions   shall    be   eil'ectiially    clieckcd.      All 
former    elTorts  and    expedients  have    failed;    and    we    must   now    resort  lo 
sonio  new  and  untiied  measure,  for   the  establishment  of  our  rijihls,  or  we 
may  as  well  abandon   them   at  once,  to  the  rapacity  of  a  nation,   whose 
strongest  argument,  is,  the  heavy  arm  it  can  wield   in  niaintenanre  ol    its 
usurpations.     How  far  nuch  an  argument  is  to  b(!  yielded  to,  by  such  a  na- 
tion  H»   this,  remHins   lo  be  settled   hereafter.     For  one,  sir,  I  desire  the 
General  Government  to  move  upon  this  matter,  in  all  its  branches.     The 
President  informs  us,  that  the  eftoris  of  the  Executive  have  hitherto  been 


IP 


i 


■-^  afeorawc"— entirely  abortive.     What,  then,  is  more  suitable  than  to  bring 
the  Icsislative,  in  aid  and  support  oi  executive,  action  \   This,  1  desire  to  do. 
I  dVZ  Groat  Britain  to  see  and  understand,  that  this  .s  a  .uh^eci  of  mttonal 
concernment ;  and  one  which  the  national  councils  m\\  take  into  their  par- 
tTcular  keeping.     From  indications  like  these,  and  from  measures  similar  to 
ha     I  propofc,  adopted   firmly  and  promptly,  persevered  ni  steadily  and 
resolutely,  1  cannot  doubt  a  speedy  and  amicable  adjustment  of   he  subsist. 
\Z  controversy.     But,  sir,  if  this  should  not  be  the  case-if,  after  the  hne 
hll   have  been'nH,  as  required  by  the  bill.  Great  Britain  should  still  with- 
hdd  its  assent  to  it,  and  continue  to  assert  its  claims,  and  thus  iheprmctpal 
obiect  be  defeated,  I  design   by  the   proposed   measure,  the   attainment  o! 
anSer  and  an  important  result,  which  itself  would  tend  most  stroiigly  to  the 
final  settlement  of  the  question ;  inasmuch  as  it  would  furnish  motives  which 
have  hitherto  been  wanling  on  one  side  at  least,  to  renewed  exertions  and 
a  conciliatory  disposition.     And  that  is,  to  put  an  end  forthmtK  as  soon  as 
practTcabuX  an  arrangement  or  agreement   supposed  to   be   subs.s  ing, 
whereby  the  territory  in  dispute  has  passed  from  the  possession  and  jurisdic- 
in  of  Maine,  where' it  rightfully  belongs,  to  the  PO--'-  -^.  ""^^  hal 
jurisdiction  of  British  aulhority-an  arrangement,  which   as  «'«  ^f  H.^^' J^« 
operated  strongly  in  procrastinating  the  negotiations  between  the  Govern- 
rnt'of  Grea^Britain  and  the  United  States-which  has  been  the  founda- 
lion  of  new  pretensions  and  fresh   aggressions-which  has  exposed  our  ter- 
r  tory  to  be  plundered  of  its  valuable  productions  and  has  surrendered  up 
or  citizens  to  1)0  arrested  and  imprisoned  foi- obedience  ^o  our  laws,  at  Ive 
nlea-re  of  a  foreign  Power.     By  what  authority,  under  what  new  consti- 
fuUonalinterpretation,  the  national  Government  can  withdraw  its  protection 
from  our  soil'^r  our  citi.ens-can  give   them  up   to  foreign  dominion,  and 
permu  them  u>  be  held  amonable  to  foreign  laws,  yet  remains  to  be  shown. 
4s  be  ween  Maine  and  the  General  Government,  the  territory  is  not  in  dis- 
pute.    The  right  of  the  former  has  been  repeatedly  recognised  and  uni- 
Sv  and   stfongly  insisted  upon.     How,  then,  ,s  it  to  be  justified,  that 
he    o^nstitutional^uty    of  security    and    protection    »^««  ,""^  ^^een    per- 
formed  1     Of   this    arrangement,   real   or   pretended,   partial    or   to ^1    in 
i?s  operation,  temporary  or  permanent,  whenever  and  however  m»de  Mauie 
complains    bndly   and    earnestly.      She   was    no   party  .to   it;    she   has 
Sormly  protested  against  it;  she  has  scarcely  yet  been  informed  even  of 
,s  orl,  its  extent,  or  its  duration ;  and  she  demands  Us  immediate  abroga^ 
on   T  the  measur;  I  propose  accomplish  nothing  else,  I  trust .   will  accom- 
plish  thi  ;  such,  at  the'  very  least,  1  design  to  effect  by  it.     It  .s  a  measure, 
,^r  not  my  own  exclusively  and  individually  :  it  comes  from  the  Legislature 
of  I  e  S^a  e  I  represent.     In  offering  it,  1  but  obey  the  voice  and  conform  to 
the  win  of  that  State,  distinctly  expressed  in  ..solutions  "ow  upo"  your  ab 
An  urgent  appeal  has  been  made  by  its  constituted  authorities  and  by  a    its 
reprosentntives  in  bo,l,  Houses  of  Congress,  to  »»^%P^««'\«"  'J^^f /"J^ 
done.  that,  which  .he  hill  authori/.es  him  to  do.     I   speak,  tl'erefore,  in  the 
name  and  by  the  direction  of  th.  State,  and  1  trust  this  w.l   secure  to   he    b^ 
,ec..  respectful  regard  and  consideration.   ««  o'-'-\P^«^«'^'''"P/''^'^'  '  Jl  :^ 
also  to  put  myself  right  in  another  respect.    In  the  course  of  my  ro  narks,  it 
h^gl?ly  probable,  1  shall  find  it  necessary  to  speak  somewhat  in  the  language 
of   omnlaint,of  many  proceedings  of  .he  General  Government,  as  subversive 
0     he  ;igh.«  of  Maine.'as  prejudicial  to  its  interests,  as  endangering  them  l^y 
„njustcoLcssions,andalsoforpermit.ingwrongstobe.nfl,cted,w.  hou ts^ 

dross  as  the  occasion  imperiously  roquiird.  I  have  boon  too  long  an  observer  of. 


6 


snd  a  participator  in,  public  discussions,  not  to  be  aware  that  language  like 
this,  however  just  it  may  be,  and  however  sincere  the  n:otives  of  him  who 
uses  it,  is  almost  invariably  ascribed  to  purposes  of  party  or  political  hostility, 
and  to  designs  unfriendly  to  the  adminiatration  whose  proceedings  are  subjects 
o"  remark  and  censure.  All  such  motives  and  purposes,  I  beg  leave  on  this 
occasion,  to  disclaim  entirely.  I  shall  speak  only  what  I  believe  to  be  the  lan- 
guage and  the  sentiments  of  the  State  itself,  and  of  some  of  its  public  author- 
ities, who,  I  am  confident,  are  not  liable  to  be  charged  with  a  desire 
unnecessarily  to  condemn  any  part  of  the  conduct,  of  the  late  or  the  present 
administration.  To  a  better  understanding  of  my  position  in  this  respect, 
allow  me  to  show  what  those  sentiments  really  are,  as  stated  by  the  late  Gov- 
ernor  in  a  letter  to  the  President  of  the  United  States,  dated  July  28,  1888, 

"  By  the  Federal  compact,  the  obligation  of  defentling  each  State  against  foreign  inva- 
sion, and  of  protecting  it  in  the  exercise  of  its  jurisdictional  rights  up  to  its  extreme  line  of 
boundary,  is  devolved  upon  the  national  Government.  Permit  me  respectfully  to  inform 
the  President  that,  in  the  opinion  of  the  people  of  Maine,  the  justice  due  to  this  Slate,  in 
this  respect,  has  not  been  rendered. 

"  Xu8t  it  not  be  suspected  that  the  discontents  which  are  moving  strongly  and  deeply 
through  the  public  mind,  flow  from  any  deficiency  of  attachment  or  practical  adhesion  to 
our  national  Government." 

*♦♦♦♦♦♦# 

"  It  would  be  easy  to  prove  that  the  territory  of  Maine  extends  to  the  higiilands  north  of 
the  St.  John.  But  that  point,  having  been  not  only  admitted,  but  successfully  demonstra- 
ted by  the  Federal  Government,  needs  not  now  to  be  discussed.  Candor,  however,  requires 
me  to  say  that  this  conceded  and  undeniable  position  ill  accords  with  the  proceedings  in 
which  the  British  authorities  have  for  many  years  been  indulged,  and  by  which  the  rightful 
jurisdiction  of  Maine  has  been  subverted,  her  lands  ravaged  of  their  most  valuable  pro- 
ducts, and  her  citizens  dragged  beyond  the  limits  of  the  State,  to  undergo  the  sufTerings 
and  ignominies  of  a  foreign  jail.  These  outrages  have  been  made  known  to  the  Federal 
Government ;  they  have  been  the  suliject  of  repeated  remonstrances  by  the  State,  and 
these  remonstrances  seem  as  often  to  have  been  contemned.  It  cannot  be  deemed  irrelevant 
for  me  here  to  ask,  amid  all  these  various  impositioiip,  and  while  Maine  has  been  vigor- 
ously employed  in  sustaining  the  Union,  and  in  training  her  children  to  the  same  high 
Btandard  of  devotion  to  the  political  institutions  of  the  country,  what  relief  has  been  brought 
to  us  by  the  Federal  Government?  The  invaders  have  not  been  expelled.  The  sove- 
reignty and  soil  of  the  S'.ate  are  yet  stained  by  the  hostile  machinations  of  resident  emissa- 
ries of  a  foreign  Government.  The  territory  and  the  jurisdiction  of  six  millions  of  acres, 
our  title  to  which  the  Government  of  the  United  States  has  pronounced  to  be  perfect,  have, 
without  the  knowledge  of  Maine,  been  once  put  entirely  at  hazard.  Grave  discussions, 
treaty  arrangements,  and  sovereign  arbitration,  have  been  resorted  to,  in  which  Maine  was. 
not  permitted  to  speak,  and  they  have  resulted,  not  in  removing  the  factitioua  pretensions, 
but  in  supplying  new  encouragements  to  the  aggressors.  Diplomatic  ingenuity,  the  only 
foundation  of  the  British  claim,  has  been  arrayed  against  the  perfect  right. 

"  In  the  mean  time  a  stipulation  made  by  the  Executive  of  (he  nation,  without  the  knowl- 
edge of  Maine,  purported  to  preclude  her  from  reclaiming  her  rightful  jurisdiction  until 
the  slow  process  of  a  negotiation  should  be  brought  to  a  close.  Whatever  the  real  force  of 
that  stipulation  might  be,  made  as  it  was  without  the  concurrence  of  the  two  branches  of 
the  treaty-making  power,  it  was  hoped,  when  it  expired  by  the  closing  up  of  that  negotia- 
tion, that  a  measure  fraught  with  such  hurtful  consequences  to  Maine  would  not  again  be 
attempted.  But  that  hope  was  to  be  disappointed,  and  now,  by  a  compact  of  similar  char- 
acter, n  writ  of  protection  appears  to  have  been  spread  by  our  own  Government  over  the 
whole  mass  of  British  aggressions,  What,  then,  has  the  Federal  Government  done  fur  this 
State  ?  May  it  not  be  said,  in  the  language  of  another,  '  Maine  has  not  been  treated  as 
•he  endeavored  to  deserve  V  " 

The  Governor  then  proceeds  to  remind  the  President  of  a  communication 
made  to  him  several  months  before,  transmitting  the  resolves  of  the  Legisla- 
ture requesting  the  line  to  be  run,  nnd  expressing  the  confidence  which  he 
had  indulged,  "  that  the  application  would  meet  with  favor  from  the  Federal 
Executive."     Ho  concludes : 

"  I  will  not  attempt  to  conceal  the  mortification  I  have  realized,  that  no  reply  has  been 
made  to  that  communication,  nor  any  measures  tolcen,  so  far  as  my  information  extends, 
for  eflecting  the  object  proposed. 


■     „f  .l„i  fuihfulneBi  for  whicli  1  stand  soleinnly 
..  I,  now  remin.  .h..  if  Ih.  'f  "2"     .gS  ct "en'l  .o  .he  .uentlon  of  .h.  n.«.n.l 

"l  havVlViefre  the  honor  .8""  to  toque.t  Ih.    the     r  ^^^  ^  ^^ 

long  been  debarred."  Governor  of  Maine 

Mr.  Speaker,  beHevhjg  .l«  f^^'^^^^T^XsJ^^Liio.^  and  .he 
are  well  Vo»nded,  I  shall  endea  or  o  make  go.d^^_^_^  ^^p^^^  ^^^^  ^^  ^^^ 

proofs  of  them,  and  I  rnst  ","  "  °? '^P"„,i„5,  ,o  nromo.e  .he  inleresls  <)f  our 
a.ed  by  o.her, .han  li.gl.  ="'',P'""  ''J!v  Is  ronely  and  deeply  through  .he 
na.ive  S.a.e.  "  Discon.en.s"  are"  r^^^^'J^l,  '•'  »>'=»8'h  »»■»  <>«?"■• 
public  mind,"  a.,d  ihey  «.U  'ncrease,  be  ^^'^"'  '  ^^i,,,,^  f„„,   „„jus. 

Smil   our  .erritory  _be  reslored  to  us    o.  fmure^aggr-ion. 


r^g^de'dlieVeVfter  as  one  '' ""X^X^^Jj^^.T^Jvernmrn;  loTe  for  .his 
i  r'  2:^rr Uwf  i  *-l'^egte'c:tspo„ding  .0  i.s  ius.  demands, 

'';ratr:;-»<>=-rf"irror,it:n?ist:iur:eT:s^°ieTin! 

can  possibly  be  made,  of  .he  history  of  the  ~^'"'^"  j,  '  „f  ,i,e  two  Gov- 
,ial.  A!m  which,  a  succmc.  r»l='"°"  "^  J  J""  prefen.  posture  of  the 
='  :llS^l;:  g'rirnc:s'rf';S  we  com^lam,  a„d  .ho  necessuy 

"^VttTof  "?f  ?|,^  SntSltb-a  *:  ^^^d 
States  was  acknowledged  >^y  ^.^^^.'^S  espective  possessions.  The  de- 
upon  by  the  parties,  -,;'- ''^^^^l^'T.Vromthe  no'rthwest  angle  of  Nova 
scription  commences  with  these  wo  ds  .      r  ^^^^^^  ^^^^  ^^,, 

Scotia."  This  is  the  starting  point.  J\^Taat  angle  which  is  formed  by  a 
ancle  is,  and  where  it  .s  to  be  found,  ^ •  J  •  J^'  ^  f  5^^^  to  the  highlands, 
S  drawn  due  noHh  from  the  source  oj     -  S^' ^ --  ^,^^^^^,^^3  , 

along  the  said  highlands  which  dv.dejh^^^^^^^^^  ^^H^^.^  ^he 

the  river  St.  Lawrence  fr°"'  ^h^;;^.,^^^^^^^^^^  The  easterly  part  0  the  con- 

norlhwesternmost  head  «f  C'^'i^.f^';";''",  y^^^  to  be  drawn  along  the  middle 
tested  line  is  in  these  words .        i^asv  .>>  ,  p  ^     ^    its  source,  and 

;'f  the  river  St.  Croix,  from  't^-th   ^1^  ^^^f,  %,,J,  .hich  divide  the 
from  its  source  directly  north  to  the  atores  b     .  .^^^  ^,^g  ^ivcr 

V  rs  which  flow  into  the  Atlantic  ocean  Irom^th^^^^^^  ^^^  .^^^^,.,gible. 

St.  Lawrence."     The  whole  f^^Xacei  with  n  fhe  limits  thus  defined  is 
Our  right  to  the  ^vl'ole.terr.  ory  embr^  ^^,^^,^ 

undeniable,  and  indeed  is  not  den'^^Taw/  «hall  the  line  thus  clearly  and 
then  is,  where,  upon  the  surface  oj    he    aru^  ^,^,t  p^    t, 

particularly  described  be  laid  ^7'" ''"d^^J,'^^'^  \hnt  it  can  be  readily,  easily 
Ihere  is  no  hesitation,  no  doubt,  "«  ^'"^^"^^y;,,  ,,^11  known.  On  the  other 
traced  ;  that  t'.o  starting  P«'"\'7"f^^^^  ^  considerable  degree,  changed 
hand,  Great  Britain  n«r«  contends,    avm^  n  .^  impracticable, 

her  pretensions  within  a  few  years,  that  ^»'«  '  "*"     .        ji,at  there  is  no  north- 

nd  cannot  be  found  ;  that  the  description  is  mperfe^.^       ^^^^  ^^^^^  ,;.    ^e 
tvest  angle  of  Nova  Scotia,  and  no  highlands  contor.      g     ^^^^^^.^^^   ^^^^^,,^^ 

reaty,  and,  therefore,  that  nothing  can  be  done 


r%i 


8 

boundary,  by  agreemont  of  the  two  nations,  having  no  reference  to  that  sup. 
posed  to  have  been  fixed  in  1783. 

It  nriay  be  well  enough  to  inquire  into  the  origin  of  the  present  doubts  and 
difliculties;    to  note,  how  and  when,  and  under  what  circumstances    they 
sprung  up.     It  ,s  not  entirely  correct  to  say,  as  the  honorable  ciiairman  of 
the  toreign  Affairs  some  days  ago  intimated,  that  this  has  been  a  matter 
of  controversy  fifty  years.     The  controversy  is  of  much  more  rect-  t  date 
for  a  long  period  there  was  no  doubt,  so  far  as  can  be  discovered,  certainly 
no  dispute,  as  to  the  location  of  the  line.     The  precise  demarcation  of  its 
whole  extent  could  not  of  course  be  pointed   out  with  entire  accuracy  but 
upon  skilful  survey.     It  might  vary  a  little  this  way  or  that,  to  the  right  or  to 
the  left ;   but  the  great   leading  topr-^raphical  features  of  the  country  were 
welj   known,  and  the  line  could  be  tr«ced,  and  was  traced,  and  made  visible 
to  the  eye,  on  numerous  maps,  as  xvell  of  British  as  of  American  authority, 
that  It  crossed  the   St.  John,  for    instance,  above  the  mouths  of  certain 
streams,  and  below  others,  which  flowed  into  it,  was  apparent.  That,  passing 
directly  north,  n  found  the  northwest  angle  of  Nova  Scotia  upon  the  southern 
boundary  of  the  waters  flowing  into  the  St.  Lawrence,  and  thence  windine 
arou  id  the  sources  of  all  those  waters,  and  separating  them  from  ''.e  rivers 
flowing  southerly  to  the  ocean,  was  equally  evident.    The  northwest  angle  of 
INova  Scotia  was  not  a  point  then  for  the  first  time  assumed  as  an  unknown 
or  indefinite  point,  nor  were   the  lines  described  in  the  treatv,  for  tiie   first 
time  drawn.    Quebec  and  Nova  Scotia  had  existed  as  distinct  Provinces  long 
before,  and   had  definite  boundaries  assigned  to  them,  respectively,  and  the 
treaty  intended  to  describe,  and  did  describe,  with  much  precision,  the  west- 
em  boundary  ef  Nova  Scotia  and  the  southerH  boundary  of  Quebec,  westward 
of  northwest  angle  of  Nova  Scotia,  as  the  northeastern  limits  of  the  United 
States.     1  he  southern  line  of  the  Province  of  Quebec  is  thus  described   in 
the  act  of  Parliament  of  1774  : 

I  J  ^'^I'pded  on  the  south  by  a  line  from  the  bay  ef  Chaleurs  along  the  high- 
lands which  divide  the  rivers  that  empty  themselves  into  the  river  St.  L  w- 
rence  from  those  which  fall  into  the  sea." 

Numerous  descriptions  of  the  territorial  limits  of  Nova  Scotia,  may  also  be 
found  macts  of  Parliament,  royal  proclamations,  and  other  public  documents, 
all  agreeing  in  tenor,  and  generally  identical  in  language  ;  one  of  which  only 
need  bo  cited.     It  is  from  the  commission  of  a  Governor  of  that  Province 
and  bears  date  of  the  same  year  of  the  treaty. 

"  Bounded  on  the  westward  by  a  line  drawn  from  Cape  Sable  across  tlo 
entrance  of  the  bay  of  Fundy  to  the  mouth  of  the  river  St.  Croi»;  by  the 
said  river  to  its  source,  and  by  a  line  drawn  due  north  from  thence  to  the 
southern  boundary  of  our  Province  of  Quebec  ;  to  the  northward  by  the  said 
houndary  as  far  as  the  western  extremity  of  the  bay  of  Clialeurs." 

Can  there  be  a  doubt— can  human  ingenuity  raise  one,  worthy  of  serious 
argument,  where  the  northwest  angle  of  Nova  Scotia  then  was,  and  now  is? 
i  he  southern  boundary  of  Quebec  is  and  ever  has  been  agreed  an^'  recog- 
nised. The  source  of  the  St.  Croix  is  established,  and  the  polar  star  still 
shines  in  the  firmament.  Can  any  thing  be  more  susceptible  of  demonstra- 
ti«n,  than  that  a  meridian  line  from  the  source  of  the  St.  Croix,  well  known 
to  the  southern  boundary  of  Quebec,  well  known,  furnishes  tlm,  norihw«>^t 
angle  of  Nova  Scotia  ;  and  is  it  not,  therefore,  easily  and  readily  to  be  found  7 
but  the  pretensions  now  put  forth  by  Great  Britain,  obliterate  entirely  th  j 
starting  point  of  the  treaty;  nay,  more,  they  change  the  long-settlod  bound- 
tries  of  the  Provinces.     That  consequence,  to  be  sure,  as  a  practical  result 


may  be  nothing  tc  us,  and  probably  will  never  be  really  carried  into  effect ; 
but  its  manifest  absiurdity  has  much  to  do  in  the  nscertainm^jnt  of  truth,  and 
of  the  original  understanding  of  this  subject  by  Great  Britain.     If  the  posi- 
tions now  assumed  be  tenable,  not  only  does  the  disputed  territory  not  belong 
to  Nova  Scotia,  or  Now  Brunswick,  as  it  is  now  called,  but,  together  with  a 
considerable  portion  of  the  long-acknowledged  possessions  of  that  Province 
itself,  actually  belongs  to  Quebec.     Let  a   line  be  drawn  from  the  bay  of   • 
Chaleurs,  across  mountainb  and  rivers,  if  need  be,  to  Mars  Hill,  now  asserted 
to  be  the  highlands  of  the  treaty,  and  thence,  as  claimed  by  Great  Britain,  to 
the  northwesternmost  head  of  Connecticut  river,  and  that  line  must  be  the 
southern  boundary  of  Quebec.     All     orth  of  it,  including  the  whole  of  the 
co.tcsted  territory,  and  much  more,  belongs  to  that  Province.     It  has  never 
bsui  claimed  as  such,  however,  anf'  Jidced  could  not  be,  consistently  with  the 
act  of  Parliament  of  1774.     The  doctrines  of  Great  Britain,  therefore,  are 
not  maintained  and  carried  out,  by  any  practical  application  of  them,  to  her 
own  territories.     The  southern  boundary  of  Quebec,  the  highlands  dividing 
waters,  and  iiie  northwest  angle  of  Nova  Scotia,  for  all  domestic  purposes, 
stand  where  they  did  in  '83;  for  jther  -And  foreign  objects,  they  are  all  un- 
discoverable,  impracticable,  uncertain.      But,  sir,  to  show  the  origin  of  this 
difficulty.     A  question  was  early  made  between  the  two  nations,  as  to  which 
was  the  true  St.  Croix  intended  by  the  treaty  ;  and  probably  that  was  a  sub- 
ject of  fair  and  honest  difteronre.     Several  rivers  had  borne  that  name,  more 
or  less  generally,  from  the  circumstance  that  the  French,  in  the  discovery  and 
settlement  of  the  country,  were  accustomed  to  erect  the  Holy  Cross  at  the 
mouths  of  the  streams  they  entered,  as  a  proof  of  dominion  and  occupation. 
This  question  was  finally  settled  by  commissioners  appointed  agreeably  to  the 
provisions  of  the  treaty  of  amity  of  1794,  about  four  years  after  its  conclu- 
sion, on  the  25th  of  October,  1798.    No  other  question  respecting  the  bound- 
ary then  existed,  and  it  would  have  been  perfectly  easy  at  that  day,  to  have 
run  the  line  agreeablv  to  the  trf  aty.     Something  was  said  between  the  Gov- 
ernments in  1803-'4,'and  in  1807,  about  running  and  marking  the  line  ;  but 
nothing  of  doubt,  or  uncertainty,  or  dispute,  ;vas  thrown  oyer  it.   On  the  con- 
trary, the  language  employed,  though  not  entirely  conclusive,  plainly  implied 
fh-it  the  line  was  "  to  run  along  the  highlands  bounding  the  southern  waters  of 
the  St.  Lawrence,"  as  expressed  to  the  British  minister,  without  contradic- 
tion or  explanation  on  his  part.     Thus  the  matter  stood,  until  the  treaty  of 
Ghent  was  under  negotiation  in  1814 ;  and  a  reference  to  the  proceedings  of 
the  ministers  bv  whom  it  was  concludes!,  will  show,  beyond  all  controversy, 
that,  even  at  so' late  a  period  as  that,  the  claims  now  asserted  by, Great  Brit- 
ain with  so  mnch  apparent  confidence,  and  which  she  is  invigorating  and  ex- 
panding with  every  year's  delay,  had  no  existence  whatever :  unless  we  can 
suppose  she  was  anxious  to  obtain  by  grant,  for  an  equivalent,  what  she  al- 
ready owned  and  possessed  of  right. 

In  the  protocol  of  conference  between  the  niinisters  of  the  two  Govern- 
ments, which  took  place  the  8th  of  August,  1814,  fnc  subjects  proposed  for 
discussion  between  them,  are  stated  by  the  British  plenipotentiaries;  and 
among  them  is  "  a  revision  of  the  boundary  lino  between  the  British  and 
American  territories,  with  a  view  to  prevent  future  uncertainty  and  dispute." 
Inasmuch  as  the  northwestern  bosndary  was  also  unsettled,  and  was  indeed 
nmch  less  definite  and  distinct  than  the  northeastern,  the  uncertainty  and 
dispute  herein  intended  to  be  guarded  againjt,  doubtless,  had  especial  refer- 
ence to  that  frontier.  This  will  bt-  the  more  apparent  from  what  follows. 
On  the  19th  of  the  same  month,  the  American  plenipotentiaries  addressed 


10 

a  letter  to  tlie  Secretary  of  State,  wlierein  they  say,  that  the  third  subject 
stated  by  the  British  negotiators,  was  "  a  direct  communication  from  Halifax 
and  the  Province  of  New  Brunswick  to  Quebec,  to  be  secured  to  Great  Brit- 
ain. In  answer  to  our  question,  in  what  manner  this  was  to  be  effected,  wo 
were  told  that  it  must  be  done  by  a  cession  to  Great  Britain  of  that  portion 
of  the  district  of  Maine,  which  intervenes  between  New  Brunswick  and  Que- 
bec, and  prevents  iheir  direct  communication." 

A  note  of  the  same  date,  from  the  British  to  the  American  ministers,  says, 
after  treating  of  another  subject:  "If  this  can  be  adjusted,  there  will  then  re- 
main for  discussion  the  arrangement  of  the  northwestern  boundary  between 
Lake  Superior  and  the  iVIississippi,  the  free  navigation  of  that  river,  and  such  a 
variation  of  the  line  of  frontier  as  may  secure  a  direct  communication  between 
Quebec  and  Halifax.''^  Let  it  be  borne  in  mind  by  those  who  are  not  fa- 
miliar with  the  geographical  features  of  the  country,  that  if  the  British 
claim  is  vi'ell  founded,  there  was  no  necessity  for  a  variation  of  the  line,  or  a 
cession  of  territory,  to  secure  the  object  so  anxiously  sought.  The  proposition, 
therefore,,  was  a  distinct  admission  of  our  title.  The  American  plenipoten- 
tiaries declined  to  enter  into  any  discussions  upon  thai  basis.  They  said, 
whatever  might  be  the  motives  which  induced  the  demand,  their  duty  was 
plain.  "  They  have  no  authority  to  cede  any  part  of  the  territory  of  the 
United  States,  and  to  no  stipulation  to  that  effect  will  they  subscribe."  The 
British  commissioners,  in  reply,  "  were  not  prepared  to  anticipate  this  objeC' 
tion,"  and  professed  to  be  at  a  loss  to  reconcile  the  previous  admission  of 
having  authority  to  treat  for  a  revision  of  the  boundary  lines,  with  the  state- 
ment, "that  tlipvhad  no  authority  to  cede  any  part,  however  insignificant,  of 
ihe  territories  ot  the  United  Ssates,  although  the  proposal  left  it  op  n  for  them 
to  demand  an  equivalent  for  such  cession,  in  territory  or  othertcise,^^  The 
American  commissioners,  in  explanation,  say,  that  it  was  upon  the  subject  of 
a  revision  of  the  boundary  liwf,  as  stated  in  the  pi  jtocol  of  conference  first 
alluded  to,  to  prevent  uncertainty  and  dispute,  that  they  had  declared  them- 
selves to  be  provided  with  instructions;  "a  declaration  which  did  not  imply 
that  they  were  inslriiclcd  to  make  any  cession  of  territory  in  any  quarter,  or 
to  agreo  to  a  revision  of  the  line,  or  to  any  exchange  of  territory  tohere  no 
uncertainty  or  dispute  eristcd.^*  And  in  regard  to  the  territory  desired  on 
the  northeastern  frontier,  they  say  :  "  This  subject  not  having  bein  a  matter 
of  uncertainty  or  dispute,  tUf.  iittdersignrd  are  not  instructed  upon  it,  and  they 
can  have  no  authority  to  cede  any  part  of  t!ie  Stale  of  Massachusetts,  even 
for  what  the  British  (Jovernment  might  consider  a  fair  equivalent.*' 

Objection  was  made  by  the  British  plenipoleniiarios  to  this  distinction, 
upon  the  ground  that  the  American  ministers  tlierfi)y  asswmed  "  an  exclu- 
sive right  at  once  to  decide  what  is  or  is  not  n  subject  of  uncertainty  and 
dispute  ;*'  to  which  it  wxs  replied,  that  imtil  it  should  be  pointed  oul  wherein 
the  boundary  in  question  "  is  such  a  snhjrrl,  llio  undersigned  may  be  per- 
mitted to  assert  that  it  i  not ;"  and  reasserting  that  "  they  were  not  autho- 
rijf.ed  to  treat  on  the  subject  of  cession,"  yet,  "  they  have  not  declined  to  dis- 
cuss any  matter  of  uncertainty  or  dispute  which  ti..-  British  plenipotentiaries 
may  point  out  to  exist,  respecting  the  boundaries  in  that  or  any  other 
quarter." 

None  was  pointed  out,  althongli  so  distinctly  invited  ;  but,  in  a  nolo  of  the 
8th  October,  the  ministers  on  the  part  of  (ir«'at  Britain  say:  "  The  British 
CJovernment  never  required  that  all  that  portion  of  Mftssarhusetls  inter- 
vening between  the  Provinces  of  New  Ftrunswick  nnd  Quebec  should  be 
ceded  to  Great  Britain,  but  only  that  small  portion  of  unsettled  country 


rd  subject 
m  Halifax 
rreat  Brit- 
fected,  wo 
at  portion 
and  Que- 

ters,  says, 
II  then  re- 
y  between 
ind  such  a 
71  between 
re  not  fa- 
ic  British 
line,  or  a 
"oposition, 
lenipoten- 
rhey  said, 
•  duty  was 
urv  of  the 
le.'"  The 
liis  objeC' 
mission  of 
tlie  state- 
lificant,  of 
n  for  them 
(f."  The 
subject  of 
renco  first 
red  thcm- 
not  imply 
jiiarter,  or 
tohere  no 
Jesired  on 
'»  a  matter 
,  and  they 
iotts,  even 

listinciion, 
an  cxclu- 
tainty  and 
il  wluM'oin 
y  bf  ppr- 
lot  Rutho* 
nod  to  di.i- 
ilonlinrics 
imy   other 

into  of  the 
Ih>  British 
?lti  inter- 
should  be 
i  country 


a 

which  interrupts   the   communication  between  Halifax  and  Quebec;  there 
being  much  doubt  whether  it  does  not  already  belong  to  Great  Britain." 

Here  we  discover  the  origin  of  the  northeastern   boundary  question — its 
first  dawnings.     The  '' douhf"  so  faintly  suggested,  was  evidently  put  forth 
to  meet  tt:3  occasion  ;  designed  if  possible,  to  escape  from  the  limitations  so 
distinctly  laid  down  by  the  American  plenipotentiaries,  and  to  draw  the  sub- 
ject wivhin  the  scope  of  authorized  discussion,  as  a  matter  of  uncertainty  and 
dispute.     Wherein — to  what  extent — upon  what  grounds— the  "  doubt']  was 
supposed  to  rest,  was  not  explained,  and  indeed  it  was  not  per  'sted   in  as 
worth  serious  consideration.     This  review  of  the  correspond^.,  between 
the  representa;ives  of  the  two  Governments,  which  resulted  in  the  treaty  of 
Ghent,  must,  I  think,  be  entirely  conclusive  to  show,  that,  at  that  period, 
no  uncertainty,  no  dispute,  no  doubt,  fairly   existed,  as  to  the  true    posi- 
tion of  the  boundary  line  described  in  the  treaty  of  1783.     The  whole  tenor, 
the  very  language,  indeed,  of  it,  is  utterly  irreconcileable  with  such  an  idea. 
But  although  it  was  thus  free  from  doubt,  and  was  easily  ascertainable,  it 
had,  in  fact,  never  been  traced  upon  the  earth,  nor  marked  out  by  visible 
monuments.     To  provide  for  this,  was  the  object  of  the  fifth  article  of  the 
treaty  of  Ghent,  agreeably  to  which,  commissioners  on  the  part  of  both  tia- 
tions  were  subsequently  appointed,  to  ascertain  the  several  points  of  descrip- 
tion in  the  treaty  and  to  "  cause  the  boundary  aforesaid  to  be  surveyed  and 
marked,  according  to  the  said  provisions:'  The  commissioners,  having  been 
unable  to  agree  in  the  performance  of  these  duties,  came  to  no  conclusion, 
and  mad^rseparate  reports  of  their  proceedings  to  their  respective  Govern- 
ments.  The  nature  and  extent  of  the  British  claim,  were  here  first  discovered 
and  made  known  to  us,  if  not  indeed   first   conceived   by  themselves.     Pro- 
ceeding duo  north  from  the  source  of  the  St.  Croix,  and  at  no  great  dis- 
tance from  it,  the  commissioners  reached  an  eminence  known  by  the  name 
of  Mars  Hill,  a  single  elevation,  standing  alone,  unconnected  with  any  con- 
tinuous range  of  high  country.     It  bwars  none  of  the  characteristics  of  the 
»'  highlands"  of  the  treaty.     It  is  far  south  of  the  St.  John,  and  of  course 
could  not  divide  the  waters  flowing  into  the  St.  Lawrence  from  those  whicii 
fall  into  the  ocean.     It  is  not,  and  could  not  by  possibility  be,  in  the  lino  of 
the  southern  boundary  of  Quebec,  and  consequently  it  could  not  be  the  start- 
ing point,  viz:  •'  the  northwest  angle  of  Nova  Scotia."     Nevertheless  il  was 
claimed  as  such,  and  diverging  the^'nco  almost  due  west,  the  British  commis- 
sioner went  in  search  of  mountains  and  hills  between  the  St.  John  and  its 
tributaries,  and  the  rivers  falling  into  the  ocean  to  the  westward  of  it,  and 
this  he  contended,  was  the  lino  indicated  by  the  treaty.     This  conslructioii 
would  give  to  Great  Britain,  not  ''the  small  portion  of  unsettled  country''^^ 
only,  which  she  desired  to  procure  by  '-cession"  and   for  an  "equivalent," 
but  a  largo  territory,  embracing  many  inhabitants ;   much  more  even  than 
the  •'  doubt''  was  suggested  to  exist  about.    The  Ametiran  commissioner,  on 
the  other  hand,  contended,  that  the  northwest  angle  of  Nova  Scotia  was  not 
to  be  found  south  of  thi'  St.  .)ohn ;    that  the  due  north  lino  was  to  cross  that 
river,  and  passing  into  the  highlands  that  bound  the  southern  waters  of  the 
St.  Lawrence,  to  terminnto  there,  as  laid  down  on  all  the  maps  of  the  coun- 
try, and  as  uniformly  hitherto  acknowledged.     The  pretence  that  the  line 
was  not   to   cross  the  St.  John,  was  altogether  new  and  unheard  of  before. 
Great  Britain  had,  under   the   former  commission,  to  establish   the  true  St. 
Croix,  expressly  assumed  the  contrary;  not  merely  ndmittinR,  but  arguing 
and  contending  for  it  strongly.     A  few  extracts  from   the  argument  of  the 
British  agent,  used  on  that  occasion,  will  show  thii  clearly.     Hli  object  was 


12 


0  give  to  both  nations,  as  far  as  practicable,  the  sources  of  all  the  rivers, 
whose  mouths  would  fall  within  their  territories,  respectively.  He  says :  "  A 
line  due  north  from  the  source  of  the  western  or  main  branch  of  the  Scho- 
diac  or  St.  Croix,  will  fully  secure  this  effect  to  the  United  States  in  every 
instance,  and  also  to  Great  Britain  in  all  instances,  except  in  that  of  the 
river  St.  John,  wherein  it  becomes  impossible,  by  reason  that  the  sources 
of  this  river  are  to  the  westward  not  only  of  the  western  boundary  line  of 
Nova  Scotia,  but  of  the  sources  of  the  Penobscot,  and  even  of  the  Kennebec, 
so  that  this  north  line  must  of  necessity  cross  the  St.  John;  but  it  will  cross 
it  in  a  part  of  it  almost  at  the  foot  of  the  highlands,  and  where  it  ceases  tc 
be  navigable." 

He  pushes  the  argument  at  much  length,  and  with  many  illustrations.  In 
regard  also  to  the  boundaries  of  Nova  Scotia,  and  its  northwest  angle,  now 
asserted  to  be  involved  in  so  much  doubt  and  uncertainty,  he  said : 

"  The  Province  of  Nova  Scotia  at  the  time  of  the  treaty  in  1783,  was, 
as  has  already  appeared,  bounded  to  the  northward  by  the  southern  boundary 
of  the  Province  of  Quebec,  which  boundary  was  established  by  the  royal 
proclamation  of  the  7th  October,  1763,  and  confirmed  by  the  act  of  Parlia- 
ment" before  referred  to.  Describing,  then,  the  northern  limit  of  Nova  Scotia 
as  it  was  in  1783,  to  be  "  a  line  along  the  highlands  which  divide  the  rivers 
that  empty  themselves  into  the  river  St.  Lawrence  from  those  which  fall 
into  the  sea,''  he  says,  "  it  unquestionably  follows,  that  the  northwest  angle 
of  Nova  Scotia  at  the  time  of  the  treaty  of  peace  of  1783,  was  that  angle 
which  was  formed  by  a  line  drawn  due  north  from  the  source  of  tht«^iver  St. 
Croix  to  those  highlands."  And  then,  comparing  accurately  this  description 
with  that  contained  in  the  treaty,  he  inquires,  "  Can  it  be  said,  with  any  de- 
gree of  propriety,  that  the  limits  and  boundaries  of  the  Province  of  Nova 
Scotia  were  unknown  at  the  time  of  tho  treaty  of  peace  in  17S3  ?" 

Great  Britain  now  asserts  it,  with  what  ''degree  of  propriety,"  is  another 
matter.     He  pushes  the  interrogative  form  of  argument.     "  Can  it  be  be- 
lieved, or  for  H  moment  imagined?"     "Can   any  man  hesitate  to  suV  ►^e  is 
convinced?"     "Will   not  this  conviction  become  irresistible?"     All  tnese 
questions  aimed  to  demonstrate  that  the  boundaries  of  Nova  Scotia  were 
well  known,  and  its  northwest  angle  well  known  in  1783,  and  were  adopted 
in,  and   made   identical  with,  the   boundaries  defined  in  tho  treaty.     These 
were  British  arguments,  and  were  at  the  time  successful.     The  western   or 
main  branch  of  tho  Schodiac  was  finally  adopted,  in  the  conviction,  and  un- 
der force  of  the  argument,  that  a  line  duo  north  from  its  source,  crosting  the 
St.  John,  would  reach  tho  northwest  angle  of    Nova  Sroiia.     But  nil  this 
is  to  be  now  exploded.     What  was  so  plain  in  1797  and  '98,  is  now  cnvel- 
«)ped  in  thickest  darkness.     Arguments  so  powerful  from   British  sources, 
have  not  tho  slightest  weight  from  American  mouths.      The  claim  of  Great 
Britain,  it  is  apparent,  grows  out  of  tho  supposed  necessities  of  h"r  condi- 
tion ;  tho  vast  importance  attached  to  h  direct  communication  between  her 
cis-Atlantic  possessions;  an  object  of  growing  value  in  her  estimation,  and 
which  late  events  in  the  colonies  tend  largely  to  enhance.     And  this  calls  to 
my  recollociion,  a  sentiment  expressed  by  the  honorable  chairman  of  the 
Foreign  Affairs,  upon  another  occaiion,  some  days  sinrr,  which  1   intended 
to  have  noticed  at  an  earlier  stage  of  these  remarks.     Ho  said,  that  the 
present  was  not  a  suitable  time,  m  his  opinion,  to  press  with  much  ear- 
nesiness,  foi   hu  adjustment  of  this  controversy.     The  serious  troubles  in 
which  Great  Britain  is  Involvod  with  her  colonies  ought  to  dissuade  us  from 
»«i»ing  Hn  opporluuily,  in  which  our  motivoi  would  be  so  liable  to  be  misun- 


the  rivers, 
3  says :  "  A 
f  the  Scho- 
BS  in  every 
'hat  of  the 
the  sources 
lary  line  of 

Kennebec, 
it  will  cross 
t  ceases  Ic 

ations.  In 
angle,  now 

1783,  was, 
n  boundary 
y  the  royal 
t  of  Parlia- 
»Jova  Scotia 
e  the  rivers 
which  fall 
west  angle 
that  angle 
lK«^iver  St. 
description 
Ith  any  dt- 
e  of  Novu 

'  is  another 
I)  it  be  be- 
►  bu;-  '^e  is 

All  tnesR 
cotia  were 
re  adopted 
y.  These 
i^estern  or 
1,  and  un- 
■oxiing  the 
Uu  ill!  this 
low  cnvel- 
h  sources, 
I  of  Great 
h"r  condi- 
twoen  her 
ation,  ind 
is  cnlls  to 
an  of  ihc 

intended 
,  that  the 
iiuch  oar- 
oiibli'H  in 
e  us  from 
l»i  misun- 


18 

derstood  by  the  world.  Having  forborne  so  long,  patiently,  when  Great 
Britain  was  in  strength  and  tranquillity,  it  would  be  unworthy  and  unbecom- 
ing, to  avail  ourselves  of  her  present  emergency,  for  the  attainment  ot  out 
rights.     Such,  substantially,  1  understood  to  be  the  opinion  of  tlie  honorable 

member.  .    ^       .         i  -i  -r       e 

Now,  sir,  the  measure  1  propose  is  entirely  free  liom  the  possibility  ol  any 
such  imputation,  as  is  supposed    may  in  some   quarters   be  attached,  even 
if  under  any  circumstances  it  could  be  justly  liable,  to  it.      It  has  an  earlier 
origin  than  the  present  session,  and  is  of  an  olJer  date  than  the  Canadian 
revolt.     It  was  urgently  requested  of  the  executive  authority  nearly  a  yeai 
ago      Congress,  about  the  same  time,  made  an  appropriation  for  its  accom- 
plisliment,  for  which,  the  honorable  member  himself,  did  us  .he  iavor  to  give 
his  vote.     Tliat  appropriation  was  approved  by  the  President,  though  hither- 
to it  has  not  been  expended.     It  is  therefore  a  measure,  deimndcd  by  Maine, 
authorized   by  Congress,  sanctioned  by  the  President,  at   a   time   when 
Great  Britain  had  ail  her  strength  at  command  to  resist  u.     Now,  sir,  whilu 
I  am  quite  ready  to  aciee  that  we  ought  not  to  do  any  more  in  the  present 
emercency  than  we  would  under  other  circumstances,  I  cannot  consent  that 
we  should  do  any  less.     I  linow  of  no  principle,  which  requires  a  postpone- 
ment of  our  rights,  merely  because  a  long-tolerated  aggressor  is  not  quite  so 
favorably  situated  as  he  has  been,  or  may  be  hereafter,  to  withhold  them  Irom 
us.     While,  therefore,  1  would  not  use  the  present  exigency  to  hasten  our 
movements,  I  would  not,  on  the  other  hand,  permit  it  to  retard  and  pvocras^ 

tinale  them.  ,     ,  .     r  .i 

But   sir,  to  proceed.     1  have  now  staled  the  origin  and  the  extent  ot  the 
British  claim,  and  the  motives  in  which  it  originated  ;  commencing  at  u  com- 
paratively recent  period,  in  a  desire  to  obtain  by  -  cession     a  smaltract  ot 
unsettled  country   only  ;  failing  in  this,  it  rested  upon   a   feeble    "  doubt 
whether  it  did  not  already  belong  to  Great  Britain ;  and  not  succeeding  upon 
such  suggestion  to  bo  drawn  into  discussion,  it  sprung  lortli  m  a  lull  and 
absolute   assertion  of  title,  according  to  the  terms  of  the  treaty  ;  R  claim 
which  can  bo  maintained,  only,  by  u  faUilication  of  all  history  ol  the  trans, 
actions  connected  with  it;  of  all  the  maps  which  represent  it;  ..I  all  public 
documents,  royal  proclamations,    acts  of  Parliament,    and  commissions  to 
Governors  of  the  Provinces,  running  through  a  period  ol  nearly  a  century, 
and  of  repeated  and  renewed  acknowledgments  of  our  title.     Abandoning, 
however,  as  1   have  aliTady  said,  the  claim  of  lull  and   clear  title  hy  treaty, 
as  Great  Britain  has  done,  rifw  pretensions  are  put  forth,  equally,  if  not  in 
truth,  much  more  dostructivo  of  our  riiihts.     It  being  perfectly  easy  to  de- 
monstrate  to  the  unbiased  judgment  of  mankind,  that  the  hue  claimed  by 
Great  Britain  is  utterly  indefensible  upon  the  terms  of  the  treaty,  the  new 
position  assumed  is,  that  the  American  claim  is  also  incomp'itihle  with  it; 
that  the  line  is  impracliciible  ;  not  susceptible  of  being  discovered,  and  there- 
fore,  that  the  parti.'s  are  necessarily  compelled  to  adopt  another  boundary 
by  mutual  aureement;  and  in  the  meantime,  until  such  new  frontier  beflwi- 
iably  established,  that  (Jreat  Britain  is  to  remain  in  exclusive  posse«»ion  of 
thovvholo  disputed   territory,  by  virtue  of   lior  ongiiial  title  to  iho  entire 
country.     The  argument  is:  that  prior  to  the  acknowledgment  o   our  inde- 
pendnnce,  the  territories,  as  well  of  the  Uniie.l  Stales  a,  of  the  1  rov.ncM, 
belonjred  to  the  Crown  ;  that  the  treaty  allotted  an.l  assigned  to  th.t  nation 
thereby  recognised,  certain  desciiplive  limiti ;  that  until  these  limits  should 
l.«  ,n«rWnd  out.  nnd  the  territories  embraced  within  them   should   be  sepn- 
rtited  and  set  npart,  nnd  definitely  allotted  to  the  new  Government,  the  po»..|. 


I 


M 


M 

sion   and  jurisdiction   remained   with   the  original  owner ;  and  that  Great 
Britain  not  having  yet  set  apart  the  dominions  granted  by  the  treaty,  nor 
savored  them  from  her  other  dependencies,  still  rightfully  retains  possession, 
and  exercises  jurisdiction  over  the  tract  in  dispute.     It  is  not  easy  to  explain, 
why  Great  Britain,  upon  such  extraordinary  assumptions  as  these,  has  been 
content  to  limit  her  claim  to  the  territory  actually  in  contest ;  inasmuch  as  if 
the  pretensions  are  good  to  any  extent  whatever,  it  is  hardly  possible  to  pre- 
scribe the  boundaries  within   which  alone   they  shall  operate.     It  is,  never- 
theless, upon  such  extravagant  principles,  that  our  State  has  lost  the  rightful 
possession  of  its  property  ;  that  our  people  are  harassed  and  subjected  to 
punishment  by   foreign   tribunals   for  obedience   to  our  laws ;   that   Great 
Britain  is  in  the  unmolested  enjoyment,  of  all  she  ever  desired  to  acquire  by 
cession,  with  a  declared  resolution  to  maintain  it,  not  until  the  old  and  true 
lino  of  the  treaty  be  discovered,  but  until  a  new  and  a  different  one  be  ami- 
cably concluded.     What  occasion,  then,  for  the  surprise  1  have  often  heard 
expressed,  that  Great  Britain  should  undertake  to  march  troops  across  the 
debatable  land  \     She   had  often  before  marched,  not  peaceably,  across  it, 
but  into  and  upon  it,  for  the  purpose  of  arresting  American  citizens,  living 
under  the  protection  of  the  American  Government ;  and  Mr.  Forsyth  under- 
stood the   state  of  affairs  quite    well,  when  he  regarded  the   circumstance 
referred  to,  as  one  so  insignificant  as  not  (o  require  explanation.     He  seems 
tacitly  to  have  acquiesced  in  the  existing  condition  of  things,  and  indeed 
there  is  loo  much  reason  for  apprehension,  that  it  has  been  long  assented  to. 
Maine  complains,  and  justly  complains,  of  this  arrangement.    She  complains 
that  her  territory  has  been  wrested  from  her  and  transferred  to  foreign  juris- 
diction ;  that  extravagant  and  unfounded  pretensions  have  been  yielded  to; 
that,  in  the  language  of  the  late  Governor,  "You,"  yes,  "  you  have  spread 
a  writ  of  protection  over  the  whole  mass  of  British  aggressions,"  and  she 
demands  its  immediate  withdrawal. 

To  a  right  understanding  of  the  present  position  of  the  question  in  all  its 
bearings,  and  ot  the  reasonableness  of  our  comphrnts,  it  will  be  necessary  to 
resume  and  trace  down  the  history  of  proceedings  between  the  two  (iovern- 
menls  ;  and  it  will  be  seen  how,  step  by  step,  year  after  year,  gradually,  and 
almost  imperceptibly,  the  Government  of  the  United  States  have  yielded  to 
fresh  and  unfounded  pretensions,  and  have  olferod  injurious  concessions,  until 
at  last,  wo  have,  apparently,  the  only  alternative  of  surrendering  our  rights 
pntirnly,  or  of  asserting  them  in  a  miinncr  that  shall  admit  of  no  evasion. 

The  commissioners  appointed  agreeably  to  the  provisions  of  the  treaty  of 
Ghent,  having  failed  to  accomplish  the  objects  intended  by  it,  and  having 
made  separate  reports  to  their  Governments,  it  was  required  by  another  arti- 
cle of  the  tioaty  that  the  suhjucts  of  dilference  should  be  submitted  to  the  de- 
cision of  Hii  umpire,  mutually  selected  by  the  parties.  This  was  accordingly 
agreed  upon  in  1827,  and  the  King  of  Holland,  soon  after,  at  the  request  nt 
the  two  nations,  consented  to  assume  the  duties  of  that  ollko. 

The  ffuention  of  boundary,  thus,  for  ii  considerable  period,  passpd  out  of 
the  hands  of  tho  two  Governments,  and  was  indeed  in  no  way  a  subject  of 
discussion  between  them,  but  only  of  argument  before  the  arbitrator,  uiilil  the 
year  1832,  when  his  decision  was  made  known.  Meanwliihi,  complaints  be- 
gan to  be  made,  on  both  sides,  of  acts  of  occufiatioii,  possession,  cutting  tim> 
nnr,  opening  roads,  6cc.,  and  of  exorcise  of  sovereignly  and  jurisdiction, 
auch  us  service  of  civil  process  and  military  enrolments  ;  which,  being  regard- 
ed  Hi  assertions  of  right,  werr-,  on  boiii  sides  loukoti  upon  with  jonlousy. 
Border  difticullies  naturally  grew  up;  and  as  it  was  whoDv  impossible  to 


that  Great 

i  treaty,  nor 

I  possession, 

f  to  explain, 

56,  lias  been 

isiniich  as  if 

iible  to  pre- 

It  IS,  never- 

the  rightful 

ubjected  to 

that   Great 

acquire  by 

Id  and  true 

3ne  be  ami- 

often  heard 

across  the 

y,  across  it, 

izens,  living 

syth  under- 

ircunistance 

He  seems 

and  indeed 

assented  to. 

0  complains 
jreign  juris- 

yielded  to; 
lave  spread 
i,"  and  she 

on  in  all  its 
lecessary  to 
ivo  (iovern- 
idually,  and 
3  yielded  to 
ssions,  until 

1  our  rights 
evasion. 

he  treaty  of 
and  having 
nother  arti- 
d  lo  the  do- 
accordingly 
s  request  of 

issed  out  of 
I  subject  of 
)r,  until  the 
iplnints  bc- 
uiting  tint* 
urisdictioM, 
ing  regard* 
ii  juniuuiy. 
ipossible  to 


15 

foresee  how  long  a  period  might  elapse  before  the  opinion  of  the  umpire 
rould  be  known,  an  understanding,  or  arrangement,  was  suggested  and  assent- 
ed to,  by  which  neither  party,  pending  the  arbitration,  should  exercise  exclu- 
sive sovereignty ;  each  was  to  practise  forbearance  and  moderation,  and  re- 
strain,  so  far  as  it  could,  its  own  citizens,  from  doing  acts  which  could  give 
occasion  of  complaint  to  the  other.  The  Government  of  the  United  btates 
did  not  assume  the  power  of  entering  into  a  valid  and  definite  agreement,  by 
which  Maine  and  Massachusetts  should  be  debarred  the  exercise  ot  their 
authority  and  jurisdiction,  and  from  their  rightful  possession.  It  proiessed, 
only  to  exercise  its  good  oflices  in  inculcating  a  spirit  ot  moderation  and  for- 
bearance, in  the  assurance  that  it  would  be  reciprocated  by  Great  Britain. 

A  few  extracts  from  the  correspondence  between  the  Governments  will 
show  the  nature  and  extent  of  this  arrangement,  in  its  incipiency,  and  as  we 
proceed  will  show  also  how  it  has  been  perverted  and  enlarged  greatly  to  our 

'"■^Oiithe  15th  iNovember,  1825,  the  British  minister,  Mr.  Vaughan,  address- 
ed a  letter  to  Mr.  Clay,  ilien  Secretary  of  State,  complaining  of  certain  pro- 
ceedings of  the  agents  of  Maine  and  Massachusetts  on  the  disputed  territory, 
and  ho  used  this  language  in  regard  to  it : 

"  I  am  sure,  however,  that  you  will  concur  witii  me  in  opinion  that  so  loiig  as  the  oues- 
lionof  the  boundary  remains  in  the  present  undecided  slate,  it  will  be  the  duty  of  our  Gov- 
ernments to  control,  mulnally,  any  conduct,  on  the  part  of  their  respective  subjectc,  which 
is  calculated  lo  produce  disunion  and  disa^frcemenl.  ...    ,,         .,        ....         ,  ,. 

"I  trust  therefore,  that  the  conduct  of  the  individual,  which  I  have  thought  it  my  duly 
to  bring  before  you,  will  nieet  with  the  disapprobation  and  discountenance  nf  the  Oovern- 
mentqf'  the  United  Stales.'' 

Mr.  Clay  accordingly  addressed  the  (iovernora  of  these  States,  severally, 
upon  the  subject,  and  communicated  what  he  had  done,  to  Mr.  Vaughan,  in 
this  form  :  "And  you  will  accordingly  observe  that  1  have,  by  the  direction 
of  the  President,  inculcated  a  spirit  of  forbearance  and  moderation  on  oui 
side,  which  we  hope  will  be  hereafter  practised  on  yours." 

On  the  16th  January,  1827,  Mr.  Vaughan  again  addressed  the  Secretary, 
in  regard  to  new  transactions  of  the  agents  of  the  Stales;  and  alluding,  first, 
to  the  former  correspondence,  says : 

"  An  inquiry  into  the  circumstances  of  the  encroachments  complainrd  of  took  place, 
•  nd  (I  spirit  of  forbearance  and  moderation  iras  inmkaledbij  the  directions  qf  the  President, 
which  induced  mo  to  hope  that  I  should  not  have  occasion  lo  recur  a^ain  to  a  reprPHcnta- 
fion  of  a  similar  nature." 

He  proceeds: 

"  Mv  former  representation  was  met  by  you  in  so  conciliatory  a  spirit,  ihot  I  amenconr- 
Miod  lo  hone  that  ihe  intervention  of  the  Oovernment  qfthe  United  Status  will  beefeclually 
eterted  to  indurethe  Uovernmentsqf  the  States  qf  Maine  and  Massachusetts  to  obslain  from 
measures  which  t.ai  be  construed  into  a  premature  exercise  of  aulhorily  in  a  disputed  ter- 
ritory, and  which  may  lead  to  collision  of  a  most  disaKreenble  nature  iielween  the  settlers 
in  that  territory." 

Mr.  Clay,  in  reply,  said  ho  should  lose  no  time  in  communicating  with 
the  Governors  of  the  States,  "  and  requeatiug  thorn,  respectively,  to  continue, 
until  the  question  is  %v\\\(n\,io practise  that  system  of  forhi arancc  and  mod- 
tration.,  which,  it  appears  to  the  President  to  bo  expedient  for  both  Govern- 
ments lo  observe."  ,,  .     ,  „  • 

In  July,  1827,  Mr.  Ciallatin,  then  minister  of  the  United  States  at  Lou- 
don, writes  to  the  Secretary  of  State,  "  Mr.  Canning  also  suggested  the  pro- 
priety 01  abstaining  on  hoth  sid??^  prndirg  the  suit,  from  any  act  of  -ovsr- 
•ignty  ever  tho  contested  territory." 


16 


n 


Mr.  Clay,  in  September  of  the  same  year,  in  transmitting  to  Mr.  Vaughan 
charges  against  the  British  authorities  of  aggressions  and  exercise  of  sover- 
tignty,  in  imposing  taxes,  and  military  duty,  upon  citizens  of  the  territory, 
says,  "  it  is  inconsistent  with  tiiat  mutual  forbearance,  which,  it  has  been  un- 
derstood in  the  correspondence  between  us,  would  be  inculcated  and  prac- 
tised on  both  sides." 

It  is  very  manifest,  that,  at  this  period,  the  arrangement,  though  not  formally 
drawn  up,  was  quite  clear  and  easily  understood.  The  p^irties  stood  upon 
grounds  of  perfect  equality.  Each  was  to  restrain  its  own  citizens,  but  not 
:o  arrest  and  imprison  those  of  the  othci  party,  for  supposed  offences.  The 
remedy  for  alleged  grievances,  was,  an  appeal  to  the  Government  of  the  ag- 
gressors; requesting  a  disavowal  of  the  acts,  and  efforts  to  prevent  a  repeti- 
tion of  them.  But,  having  succeeded  in  inducing  the  States  interested,  at 
the  instance  of  the  General  Government,  and  under  assurances  of  similar 
forbearance  by  Great  Britain,  to  forego,  for  the  time,  the  exercise  of  their 
just  rights,  Gr"at  Britain  deemed  it  suitable  lo  put  forth  a  new  interpretation 
of  the  obligations  on  her  side.  The  acts  complained  of  in  the  last  note  of 
Mr.  Cl.iy,  which  were  acts  of  sovereignty  and  authority,  were  at  length  dis- 
tinctly avowed  and  justified,  as  well  by  the  Lieutenant  Governor  oi  New 
Brunswick  as  by  the  British  minister,  uf)on  the  ground  that  the  settlement  of 
Madawaska,  wherein  they  were  committed,  was  a  British  possession,  under 
British  jurisdiction,  and  subject  to  all  the  laws  prevailing  in  the  Province  of 
New  Brunswick.  The  Lieutenant  Governor,  in  a  letter  of  October  4,  1827, 
says : 

"  This  sfttli'iniMil  I  am  bouiul  to  cuiisider  as  a  (jart  of  New  Brunswick  ;  and  I  can  neither 
per  init  the  actual  posseniion  to  bf.  disturbed,  nor  suspend  the  municipal  laws  of  the  Province 
I'rotn  their  ordinary  operation  over  those  parts." 

"  The  long-established  British  sptilement!"  in  the  disputed  territory  must  vecessnrily  re- 
main under  the  jurisdiction  of  this  Government,  or  be  abandoned  lo  anarchy,  in  the  ab- 
sence of  all  rule,  until  a  final  decision  can  be  niadf  ot  the  question  of  right  under  the  treaty 
of  Ghent.  It",  on  the  other  side,  allempls  be  now  made  to  establish  setilemenls  and  juris- 
diction in  Iho  wilderness  part  of  the  territory,  or  to  subvert  the  actual  possession  and  ju- 
risdiction of  his  Majesty  in  the  parts  lonn  since  settled,  as  measures  expressly  devised  to 
meet,  or  countervail,  in  the  pendinif  np;rntiations,  our  actual  possession  ol  the  seUlemiMit  in 
quttilion,  by  a;«!4umption»  of  jurisdiction,  reai.stance  to  the  municipal  laws  of  this  Province, 
and  co-ordinate  exercise  of  rule,  then  much  disorder,  outrajje,  and  strife,  must  ensue.  Such 
assumptions  Would,  moreover,  be  ii  direct  departure,  on  the  port  of  the  United  States,  from 
that  course  of  mutual  forlienranco  which  has  be'.'n  here    ti  ictly  observed." 

The  Govcriinjent  of  New  Brunswick  did  not  stop  with  the  mere  assertion 
of  riijhf.  It  was  put  into  strict  niul  severe  e.\oicise  ;  until  nt  length  one  of 
the  inhahitJints  of  the  territory,  an  American  »iti/..'n,  wnx  arrested,  indicted, 
tried,  and  convicted  of  seditious  practices,  and  resistance  lo  British  authori- 
ty. In  contmunicnting  these  irnnsaclions  to  the  British  minister,  and  sta- 
ting the  proofs,  Mr.  Cluy,  in  letter  of  November  17,  1827,  says  : 

"  Such  is  the  case  made  out  by  this  testimony.  I  sholl  abstain,  at  this  lime,  from  par- 
ticular comments  upon  it.  Tlui  |iroerediiiKs  which  it  discloses  being  in  •ompaliblc  with 
the  rights  of  the  United  Stairs,  iit  vi.riance  with  that  forbearance  and  moderaiion  which 
It  hus  been  understood  between  \\„  were  to  be  muUiully  obsorved,  and  exhibiting  the  pxor- 
ctse  of  rinorons  acts  of  authority  within  the  disputed  territory,  which  cmildonli/  be  juntifiei 
hy  consider  in  If  it  nsconslilulingun  in-onttelable  part  of  the  iiriliih  doniiniove,  I  have  to 
request  such  explanation  ns  the  or<Mision  calls  for.'* 

Mr.  Vanghnn  replied  on  the  21st  of  the  same  month,  justifying  the  exer- 
clie  of  authority,  upon  grounds  already  stated,  and  averring  that  the  territory 

"  The  sovereignty  and  juriidiclion  over  that  territory  have  consequently  reinained  with 
Great  Brit  tin,  havina  been  in  Iho  occupation  and  puitesiion  of  the  Crown  previously  lo 
the  conclusion  uf  the  treaty  of  seventeen  hundred  and  eighty-three 


17 


'.  Vaughan 
:  of  sover' 
!  territory, 
s  been  un- 
and  prac- 

3t  formally 
tood  upon 
IS,  but  not 
:es.  The 
of  the  ag- 
t  a  repeti- 
erested,  at 
of  similar 
id  of  their 
jrpretation 
list  note  of 
length  dis- 
ir  01  New 
tienient  of 
ion,  under 
rovince  of 
■r  4,  1827, 

I  can  neither 
lie  Province 


:esiiarihj  re- 
y,  in  the  alt- 
er thi'  treaty 
Is  and  juris- 
nioii  and  ju- 
y  deviled  to 
eltlemkMit  in 
lis  Province, 
118UP.  Such 
SlRtpH,  froni 

f  assertion 
»lli  ono  of 
I,  indicted, 
h  aiitliori- 
,  and  Hta- 

e,  from  p«r- 
piitiblp  with 
iwion  which 
le  (he  nxDi- 

bt  jitfttijitd 
«,  I  hnvi'  to 

tliL'  I'xer- 
p  ii'rritorv 


iiained  with 
revioutly  to 


"  The  undefined,  or  rather  unsettled  claim  of  the  United  States  to  a  portion  of  that  ter- 
ritory, cannot  furnifch  any  pretext  for  an  interference  with,  or  an  interruption  of,  the  exer- 
cise of  the  jurisdiction  within  that  territory  by  magistrates  acting  under  British  authority, 
on  the  part  of  the  citizens  of  the  United  States  who  may  choose  to  reside  in  those  ancient 
settlements." 

The  fact  so  confidently  asserted,  that  Madawaska  was  an  ancient  British 
possession,  and  the  right  of  jurisdiction  within  the  Territory,  were  both 
strongly  and  successfully  controverted  by  Mr.  Clay,  in  a  letter  of  20th  Feb- 
ruary, 1828,  a  portion  of  which  I  must  be  allowed  to  read. 

"  The  undersigned  cannot  agree  with  Mr.  Vaughan  in  the  conclusion  to  which  he  has 
brought  himself,  that  the  sovereignty  and  jurisdiction  over  the  territory  in  dispute  hav« 
remained  with  Great  Britain,  because  the  two  GovernraenlB  have  been  unable  to  reconcile 
the  difference  between  them  resjccting  the  boundary.  Nor  can  he  assent  to  the  i  roposi- 
tion  stated  by  hira,  that  the  occupation  and  possession  of  that  territory  was  in  the  Crown 
of  Great  Britain  prior  to  the  conclusion  of  the  treaty  of  1783,  if  it  were  his  intention  to 
describe  any  other  than  a  constructive  possession.  Prior  to  that  epoch,  the  whole  country 
now  in  contest  was  an  uninhabited  waste.  Being,  then,  an  undisputed  part  of  the  terri- 
tory of  the  King  of  Great  Britain,  he  had  the  cunstruclive,  and  the  right  to  the  actual, 
possession.  If,  as  (he  Government  of  the  United  States  contends,  the  disputed  territonr 
IS  included  within  their  limits,  as  defined  in  the  provisional  articles  of  peace  between  the 
United  Stales  and  Great  Britain,  of  November,  1782,  and  the  definitive  treaty  which  wa« 
concluded  in  September  of  the  following  yea.,  the  prior  rigl.t  of  Great  Britain  became 
thereby  transferred  to  the  Government  of  the  United  States,  and  it  drew  after  it  the  con- 
structive possession  of  the  disputed  territory.  The  settlement  on  the  Madawaska,  the 
earliest  that  has  been  made  within  its  limits,  was  an  unavKhorixed  intrusion  on  the  property 
of  the  State  of  Mossachusetts,  to  which  the  territory  then  belonged,  by  individuals,  poste- 
rior to  the  treaty  of  1783.  That  settlement  of  those  individuals  could  not  affect  or  impair, 
in  any  manner  whatever,  the  right  of  the  Stale  of  Massachusetts,  or  give  any  strength  to 
the  pretensionsof  the  Briti.=ih  Government.  The  settlers,  in  consequence,  probably,  of  their 
remoteness,  and  thoir  quiet  and  peaceable  conduct,  do  not  appear,  for  a  long  time,  to  have 
attracted  the  attention  of  either  the  State  of  Massachusetts  or  that  of  the  adjoining  British 
Province  It  was  not  until  thp  year  1790  that  the  Government  of  New  Brunswick  took 
upon  itseif  (o  giant  lands  to  the  intruders.  No  knowledge  of  these  grants  is  believed  to 
have  been  obluined,  until  recently,  by  either  the  Government  of  Massachusetts  or  Maine, 
or  that  of  the  United  States.  The  provincial  Government  had  no  color  of  authority  to 
issue  (hosn  grants  for  lands  tlicn  lying  within  the  State  of  Massachusetts.  It  cannot  be 
admitted  that  they  affected  the  rights  of  the  United  States,  as  acquired  by  the  treaty  of 
peace,  If,  in  consequence  of  the  Madawaska  settlement,  a  possession  de  facto  was  obtain- 
ed by  the  Government  of  New  Brunswick,  it  must  be  regarded  as  a  possession  limited  by 
the  actual  occupancy  of  the  settlers,  nnd  not  extending  to  the  uninhabited  portions  of  lh» 
adjoining  waste." 

Speaking  of  the  seizure  of  Baker,  already  referred  to,  Uv.  Clay  said  : 
"  Even  if  he  had  been  guilty  of  any  irregularity  of  conduct,  he  was  not  amenable  to  the 
provincial  Government,  but  to  his  own.  His  arrest,  therefore.on  the  disjputed  ground,  and 
transportatitJU  from  it  (o  Fredericklon,  at  a  consulerable  distance  from  his  family,  and  his 
confinement  there  in  a  loathsome  jail,  cannot  be  justified.  It  is  a  proceeding  which  seems 
to  have  been  odojled  without  regard  to  the  rights  of  the  United  States  in  the  territory  in 
question,  nnd  which  assumes  an  exclusive  jurisdiction  on  the  part  of  the  provinciol  Gov- 
ernment. Nor  is  it  compatible  with  that  moderation  and  forbearance,  which  it  has  been 
understood  between  the  two  Governments  should  bo  mutually  practised  until  (he  ques- 
tion of  right  between  them  was  finally  seKlcd,  I  am  charged,  therefore,  by  l^'o  President, 
to  demand  the  iminciliate  liberation  of  John  Baker,  and  a  full  indemnity  for  the  injuries 
which  he  has  suffered  in  the  orrcst  and  detention  of  his  person. 

"  The  undersigned  must  protest,  in  behalf  of  his  Government,  against  any  exercise  of 
acts  of  exotusivo  jurisdiction  by  the  British  authority  on  the  Madawaska,  the  Aroos- 
took or  within  any  other  part  ol  the  disputed  territory,  before  the  final  scUlement  o(  that 
question  ;  and  ho  is  directed  to  exi)rt>RB  the  President's  expectation  that  Mr.  Vaughan  will 
make  such  representntions  as  will  prevent,  in  future,  any  such  jurisdiction  from  being  ex- 
erted." ,  .  ,  .       .    ,  ,  .c    1 

Mr.  Vaughtni,  however,  continue  J  to  loasscrt  the  principle,  that  "the 
vereicniv  and    jurisdiction    of  thn    dispu^'d    territory    rests    w 


sovereignly 


lall  have 


Britain,  until  thai  portion  oj  it  designated  in  the  treaty  of  1783  iA*  ^ 
btenfinnlly  tet  apart  fronithe  Brilisli  possessions,  as  belonging  to  the  tiniitia 


ri 


18 

States."  What  portion  of  "  the  disputed  terriiorij''^  he  intended  to  admit 
was  designated  in  the  treaty  as  belonging  to  the  United  S^afcs,  does  not  appear. 

Another  extract  ftom  Mr.  Vaughan's  letter  :  "All  persons  of  whatever  de- 
scription, who  take  wp  their  residence  in  the  disputed  territory,  are  within 
the  British  jurisdiction  until  the  boundary  line  is  adjusted,  and  owe  a  tem- 
porary allegiance  to  his  Majesty  so  long  as  they  remain  under  his  protec- 
tion." This  renewed  avowal,  on  the  part  of  the  British  minister,  called 
from  Mr.  Clay  a  long  and  decided  reply  and  remonstrance,  which  he  would 
have  forborne,  as  he  said,  "  but  for  certain  opinions  and  principles  advanced 
by  Mr.  Vaughan  to  which  the  undersign  3d  cannot  assent.  And  he  feels  it  to 
be  necessary,  to  guard  against  any  misinterpretation  from  his  silence,  ex- 
pressly to  state  his  dissent  from  them." 

I  must  crave  the  indulgence  of  liberal  extracts  from  this  letter  also,  which 
bears  date  17th  March,  1828 : 

"  It  would  furnish  a  just  occa&ion  for  seiioua  rc^rret,  if,  whilst  the  settlement  of  that 
question  is  in  amicable  progress,  any  misunderstanding  should  arise  between  the  two  Gov- 
ernments, in  consequence  of  what  must  bo  regarded  by  the  Government  of  the  United 
States  as  the  unwarranted  exercise  of  a  right  of  jurisdiction  by  the  Government  of  the 
Province  of  New  Brunswick  within  the  disputed  territory. 

"  The  undersigned  cannot  concur  in  the  opinion  that  the  limits  of  the  treaty  of  1783 
being  undefined  and  unadjusted,  the  sovereignty  and  jurisdiction  of  the  disputed  territory 
restB  with  Great  Britain  until  that  portion  of  it  designated  in  the  treaty  of  1783  shall  have 
been  finally  set  apart  from  the  British  possessions  as  belonging  to  the  United  States.  Mr. 
Vaughan's  argument  assumes  that  some  other  act  of  setting  apart  the  territories  of  the 
United  States  from  those  of  Great  Britain  than  the  treaty  of  pnace  of  1783  was  ne- 
cessary ;  and  that,  until  that  other  act  should  bo  performed,  the  United  Stales  could  not 
be  considered  in  possession.  This  argument  would  prove  that  the  United  States  are  not 
now  lawfully  in  possession  of  uny  portion  of  tho  territory  which  they  acquired  by  the  war 
of  their  independence;  the  treaty  of  1783  being  tho  only  act  of  separation  in  virtue  of 
which  they  are  in  possession  of  their  territory.  If,  at  the  conclusion  of  the  treaty  of  1783, 
Great  Britain  had  had  the  act.ual,  and  not  merely  constructive,  possession,  and  that  actual 
possession  had  all  alontr  remained  with  her,  Mr.  Vaugiian  might  have  contended  that  th« 
Government  of  Great  Britain  had  a  rijiht  to  exercise  a  jurisdiction  dt  facto  over  the  dis- 
puted territory.  But  at  that  epoch  neither  party  had  the  actual  possegsion  of  the  disputed 
territory,  which  was  then  an  uninhabited  waste.  Which  of  tho  parties  had  tho  rignt  of 
the  pos;(ession,  depended  upon  the  limits  of  the  treaty  of  1783."        ♦         ♦        ♦         ♦ 

"  It  follows,  from  the  view  now  presented,  that  the  undersigned  cannot  subscribe  to  the 
opinion  that  the  jurisdiction  of  tho  British  Government,  through  its  provincial  authority, 
over  the  disputed  territory,  has  continued  with  Great  Britain,  notwithstanding  the  treaty  of 
1783.  To  maintain  that  opinion,  Mr.  Vaughan  must  make  out  either,  first,  tliat  tho  terms 
of  the  treaty  do  exclude  altogether  tha  disputed  territory,  or  that,  if  they  include  it,  actual 
possession  of  the  disputed  territory  was  with  Groat  Britain  in  1783.  Neither  proposition 
can  beestablinhed. 

"  Mr.  Vaughan  seem«  to  think  that  tome  civil  government  is  absolutely  necessary  within 
the  disputed  territory.  If  its  utility  lie  conceded  in  reference  to  the  inhabitants,  it  would 
not  be  a  necessary  consequence  that  the  Government  of  New  Brunswick,  and  not  the 
State  of  Maine,  ought  to  exert  the  requirite  civil  authority." 

••The  undersigned  finds  himself  as  unable  to  agree  that  the  v.iisconduct  of  Mr.  Baker, 
whatever  it  may  have  been,  warranted  the  Government  of  New  Brunswick  in  taking  cog- 
nizance of  his  case,  for  tho  purpose  of  trying  and  pui  ishing  him  by  British  laws,  as  he  wan 
unprepared  to  admit  that  the  want  of  civil  govennnent,  on  tho  part  of  the  inhabitants  of 
the  disputed  territory,  created  a  right  in  the  Government  of  New  Brunswick  to  supply,  in 
that  respect,  their  necessities.  In  assuming  that  Baker  rendeied  himself  amenable  to  the 
iitrs  of  New  Brunswick,  Mr.  Vaughan  decides  the  very  question  in  controversy.  He  de- 
cides that  the  part  of  Maine  in  contest  appertains  to  the  Province  of  New  Brunswick,  and 
that  the  laws  of  New  BnuiRwick  can  run  into  the  State  of  Maine,  as  the  limita  o<  that 
State  are  luiderstood  to  exist  by  the  Government  of  the  United  States."  * 

He  concludes  in  these  words  : 

"'Jurying  ffofTi  paot  experience,  an  Well  as  ihc  Unrcrtaiiily  of  hutiiaU  nifaifa  in  gciicrai, 
we  arc  far  from  being  sure  when  a  decision  will  take  place.  If,  in  the  mean  time,  Great 
firitain  were  to  be  aMowcd  quietly  to  poeecss  herself  of  the  disputed  territorj*,  and  to  ex- 


li 


to  admit 
ot  appear, 
atever  de- 
are  within 
we  a  tem- 
lis  protec- 
ter,  called 
I  he  would 

advanced 
1  feels  it  to 
lence,  ex- 

ilso,  which 

ncnt  of  that 
he  two  Gov- 
fthe  United 
imcnt  of  the 

paty  of  1783 
ted  territory 
3  shall  have 
States.  Mr. 
itories  of  the 
r83  was  ne- 
ea  could  not 
ateg  (ire  not 
i  by  the  war 

in  virtue  of 
!aty  of  1783, 
J  that  actual 
ided  that  the 
iver  the  di»- 
the  disputed 
the  right  of 

*        * 

scribe  to  the 
al  authority, 
the  treaty  of 
lat  the  terms 
idc  it,  actual 
•  proposition 

sgary  within 
itfi,  it  would 
and  not  the 

Mr,  Baker, 
1  taking  cog- 
■,  as  he  wax 
ihabitants  of 
to  supply,  in 
•nable  to  the 
sy.  He  de- 
inswick,  and 
imitfl  of  that 


3  in  gcitcmi, 

time,  Great 
r,  and  to  ex- 


tend her  sway  over  it,  she  would  have  no  motive  for  co-operating  in  quickemng  the  termi- 
nation of  the  settlement  of  the  question.  Without  imputing  to  her  a  disposition  to  procras- 
tination, she  would,  in  such  a  state  of  things,  be  in  the  substantial  enjoyment  of  aU  the 
advantages  of  a  decision  of  the  controversy  in  her  favor.  The  President  of  the  United 
States  cannot  consent  to  this  unequal  condition  of  the  parties  .■  and  the  undersigned,  in 
conclusion,  is  charged  again  to  protest  against  the  exercise  of  all  and  every  act  of  cxclu- 
sive  jurisdiction  on  the  part  of  the  Government  of  the  Province  of  Nevv  Brunswick,  and  to 
announce  to  Mr.  Vaughan  that  that  Government  will  be  responsible  for  au  the  conse- 
quences,  whatever  they  may  be,  to  which  any  of  those  acts  of  jurisdiction  may  lead. 

Now  sir,  these  were  very  distinct  and  very  significant  admonitions.  The 
Kroundless  assertions  of  fact,  and  the  equally  unfounded  assumptions  of  right, 
on  the  part  of  the  British  Government,  were  both  repelled  in  the  strongest 
manner  and  in  clear  view  of  the  consequences  which  might  ensue,  if  these 
assumptions  were  persisted  in.  The  argument  having  been  earned  thus  far 
on  this  side  of  the  Atlantic,  the  American  minister  at  the  court  of  ^^ondon 
was  directed  to  renew  it  there,  and  full  instructions  were  given  hitti, 
from  which,  although  the  whole  is  in  strong  terms,  a  single  sentence  will 
suffice: 

"  The  President  hopes  that  the  British  Government,  participating  in  the  desire  which  he 
most  anxiously  feels  to  avoid  all  collision  on  account  of  a  temporary  occupation  of  the  ter- 
ritory  in  contest,  will  effectualbj  interpose  its  authority  to  restrmi  the  Provincial  Govem- 
mem  from  the  exercise  of  any  jurisdiction  over  it.  ^uch  an  interposition  alone  will  su- 
persede those  precautionar>-  measure,  which  this  Government  will  otherwise  feel  itself  con- 
strained  to  a'Aopt." 

Accordinely,  this  subject  underwent  full  discussion  betvveen  Mr.  Law^ 
rence,  then  representing  this  Government  at  London,  and  the  British  mm- 
istry.  He  maintained  the  argument  on  our  sido  with  great  zeal  and  abilit}-. 
The  same  principles  were  avowed  there,  which  Mr.  Vaughan  had  asserted 
here,  and  they  were  repelled  and  refuted  in  the  same  manner.  The  most 
explicit  and  distinct  admonition  was  given  to  the  British  Government,  that, 
if  it  persevered  in  the  exercise  of  sovereignty  and  jurisdiction,  this  Govern- 
ment  would  not  hold  itself  responsible  for  the  consequences  to  which  it  would 
lead.  Such  was  the  language  and  such  the  temper  of  the  Government  in 
1828.  The  "  precautionary  measures"  referred  to,  were  also  begun  to  bo 
taken.  A  military  road  was  constructed  by  the  United  States,  from  the 
settled  parts  of  Maine,  to  the  vicinity  of  the  frontier,  and  a  garriso..  estab- 
lished there.  Another  road  was  also  projected,  and  authori^^d  by  a  joint 
resolution  of  Congress,  approved  March  2,  1829,  from  Mars  Hill,  or  some 
other  suitable  point,  to  the  mouth  of  the  Madawaska  river,  running  directly 
«ver  and  upon  the  disputed  territory ;  and  Maine  had  reasons  to  believe  that 
she  was  to  be  fully  secured  in  her  rights,  and  amply  protected  against  fot-eign 
,  agression.  A  crisis  had  arrived  which  was  likely  to  test  the  firmness  of  our 
Government.     Our  rights  had  boon  asserted  in  a  manner  which  admitted  of 

3  honorable  abandonment.  Such  was  the  posture  of  affairs  in  March,  1829. 
What  is  their  attitude  now,  after  the  lapso  of  nearly  nine  years?  In  what 
respect  have  they  been  improved  or  advanced  ?  A  new  epoch  hud  arrived. 
Other  men  succeeded  to  the  administration  of  the  Government,  and  upon 
them  devolved  the  duty  of  maintaining  the  c'aims  wo  had  put  lorth,  and  ot 
advocating  the  high  and  just  principles  upon  which  they  were  founded.  The 
last  and  sFrenuous  demand  of  our  Government  upon  Great  Britain,  was,  that 
she  should  redress  the  wrongs  she  had  infiictcd,  and  should  cease  at  once  from 

^11  jj..,i „ f  ..wor«i«ntv  und   iurisdiction  in  tho  contested  territory. 

How'TiarthiLVlemn  demand,  so  absolutely  essential  to  our  security  and  the 
attainment  of  our  rights,  been  persisted  in  I     How  has  the  original  under- 


h 


t 


20 

standing  in  regard  lo  possession  and  jurisdiction  been  interpreted  and  con- 
strued? VViien  the  new  administration  came  into  power,  the  main  ques- 
tion was  still  under  arbitration  ;  but  the  collateral  or  intermediate  questions 
of  possession  and  jurisdiction  were  at  direct  issue.  How  have  they  been  dis- 
posed of?  The  earliest  reference  to  this  matter  by  the  administration  of 
General  Jackson,  is  in  a  letter  of  11th  March,  1829,  from  the  acting  Sec- 
retary of  State  to  the  British  minister,  wherein  he  speaks  of  the  disposition 
on  our  part  "  to  enforce  a  strict  observance  of  the  understanding  between 
the  two  Governments,  that  the  citizens  or  subjects  of  neither  shall  exercise 
any  acts  of  ownership  in  the  disputed  territory  whilst  the  title  to  it  remains 
unsettled." 

And  again,  also,  "  of  the  just  and  confident  expectation  entertained  by  the 
President  that  the  conciliatory  understanding  or  arrangement  between  the 
two  Governments  of  the  United  States  and  Great  Britain,  already  referred 
to,  should  not  be  disturbed  by  the  citizens  of  these  two  States." 

This  was  well  enough,  so  far  as  it  went,  but  it  was  not  the  whole  arrange- 
ment. It  was  the  precise  interpretation  endeavored  to  be  put  upon  it  the 
preceding  year  by  Lord  Aberdeen,  limiting  it  to  acts  of  individual  owner- 
ship by  citizens  or  subjects,  instead  of  extending  to  governmental  authority 
and  jurisdiction.  This  interpretation  was  then  strongly  repudiated  by  Mr. 
Lawrence. 

Nor  was  this  all.  In  reply  to  the  remonstrance  of  Mr.  Vaughan  against 
certain  proceedings,  indicating  an  apparent  intention  of  occupying  Mars 
Hill  and  the  extension  of  the  military  road,  authorized  by  the  resolution  of 
Congress,  Mr.  Van  Buren,  then  Secretary  of  State,  while  asserting  our  rights, 
and  repelling  the  British  claim,  says  : 

"  That  although  this  Government  could  feel  nodifficulty  in  theexercise  of  what  it  deems 
Rn  unquestionable  rifrht,  and  could  not  allow  itself  to  be  restrained  by  the  protest  of  the 
Lieutenant  Governor  of  New  Brunswick,  yet,  as  a  further  proof  of  the  spirit  of  amity, for- 
bearance, and  conciliation ,  which  the  President  is  desirous  of  cultivating  between  the  two 
Governments,  he  has  decided  to  postpone,  for  the  present,  the  exercise  of  the  authority 
vested  in  him  by  the  Congress  of  the  United  Slates,  to  cause  to  be  surveyed  and  laid  out  a 
military  road,"  &c.  &c. 

And  subsequently  adds  his  hope  that  Mr.  Vaughan  would  perceive  in  this 
determination  of  the  President,  "an  additional  evidence  of  tlie  desire  which  he 
sincerely  entertains,  and  which  he  has  heretofore  caused  to  be  communicated 
to  Mr.  Vaughan,  that  both  Governments  should,  as  far  as  practicable,  ab- 
stain from  all  acts  of  authority  over  the  territory  in  dispute,  which  are  not 
of  immediate  and  indispensable  necessity,  and  which  would  serve  to  create 
or  increase  excitement  whilst  the  matter  's  in  course  of  arbitration." 

Now,  sir,  this  idea  of  abstaining  "  as  far  as  practicable,''^  as  well  as  the 
ground  of  "  necessity"  for  some  civil  government  in  the  territory,  which 
seem  to  be  herein  admitted,  were  the  precise  arguments  used  by  Mr. 
Vaughan  the  year  before,  and  which  were  then  declared  to  be  entirely  inad- 
missible. The  admission  is  a  very  dangerous  one.  The  "  necessity  "  for 
•(?^ercise  of  auUiority  would,  of  course,  in  all  cases,  be  judged  of  by  Great 
Britain,  or  the  provincial  authorities  alone;  and  if  allowed  at  all,  it  could 
always  be  justified  on  this  pretence.  Such  has,  in  fact,  been  the  practical 
result. 

In  July,  1832,  another  admission  of  the  British  interpretation  of  the  ar- 
rangement seems  to  have  been  made  by  our  Government-,  and  one  which 
had  also  before  been  wholly  objected  to  by  Mr.  Clay. 

In  a  letter  from  Mr.  Livingston,  then  Secretary  of  State,  to  Mr.  Vaughan, 
of  the  21st  of  that  month,  it  is  said: 


21 


d  and  con- 
main  ques- 
Le  questions 
jy  been  dis- 
listration  of 
acting  Sec- 
i  disposition 
ing  between 
lall  exercise 
0  it  remains 

ained  by  the 
between  the 
idy  referred 

icle  arrange- 
upon  it  the 
dual  owncr- 
tal  authority 
iated  by  Mr. 

ghan  against 
ipying  Mars 
resolution  of 
ig  our  rights, 


r  what  it  deems 
e  protest  of  the 
t  of  amity,  for- 
tween  the  two 
the  authority 
I  and  laid  out  a 

rceive  in  this 
sire  which  he 
ammunicated 
cticable,  ab- 
hich  are  not 
rve  to  create 
on." 

well  as  the 
ritory,  whicli 
ised  by  Mr. 
mtirely  inad- 
scessity  "  for 
of  by  Great 
t  all,  it  could 
ihe  practical 

n  of  the  nr- 
d  one  whicf! 

»lr.  Vaughan, 


"  Until  this  matter  shall  be  brought  to  a  final  conclusion,  the  necessity  of  refraining,  on 
both  sides,  from  any  exercise  of  jurisdiction  6ei/ond  the  bovndaries  now  actually  possessed, 
must  bo  apparent,  and  will  no  doubw  be  acquiesced  in  on  the  part  of  his  Britannic  Majes- 
ty's Provinces,  as  it  will  be  by  the  United  btates. 

The  admission  here  is,  that  Great  Britain  had  some  actual  possessions,  and 
so  far,  she  might  rightfully  exercise  jurisdiction;  whereas  the  doctrine  of  1828 
was,  that  she  had  iw  possessions  except  what  she  had  lately  usurped  at  Mad- 
awa'ska,  asd  that  neither  there  nor  elseiohere  should  she  be  allowed  to  exer- 
cise any  authority  whatever.  Taken  together,  this  interpretation,  at  first 
view,  would  seem  to  be  in  some  degree  equal  and  impartial,  inasmuch  as  it 
implied  that  tee  also  had  some  possessions  where  toe  might  exert  authority. 
And  yet  coupled  with  the  former  pretensions  of  Great  Britain,  that  she  had 
always  been  in  possession  of  the  ivhole  territory,  because  it  had  never  been 
"set  apart,"  Mr.  Vaughan  might  very  well  say,  in  reply, 

"  That  his  Majesty's  Government  entirely  concur  with  that  of  the  United  States  in  the 
principle  of  continuing  to  abstain,  during  the  progress  of  the  negotiation,  from  extending 
the  exercise  of  jurisdiction,  within  the  disputed  territory,  beyond  the  limits  within  which  it 
has  hitherto'been  usually  exercised  by  the  authorities  of  either  party. 

According  to  the  assumptions  of  Great  Britain,  there  was  no  necessity  on 
her  part,  for  "  extending  "  jurisdiction.     The  arrangement  bound  us  only ; 
and  accordingly,  whenever  we  have  put  a  foot  upon  the  territory,  it  has  been 
desounced  as  an  extension,  a  violation  of  the  understanding ;  but  whatever 
they  have  done,  is  merely  in  virtue  of  an  ancient  possession ;  an  original 
jurisdiction.     This  arran?ement  seems   to  have   had  an  earlier  date  even 
than  this  ;  at  least,  it  had"been  already  brought  to  the  test  of  practical  appli- 
cation, as  the  former  one  had  been,  by  the  arrest  of  Baker  in  1827  ;   and  to 
the  proceedings  I  am  about  to  mention,  I  confess  I  cannot  look,  but  with 
feelings  of  the  deepest  regret  and  mortification.     In  1831,  the  Legislature  of 
Maine  incorporated  a  town  within  the  disputed  territory,  by  the  name  of 
Madawaska,  on  the  southern  side  of  the  St.  .Tohn  ;  embracing  very  little,  if 
any  part,  indeed,  of  ''the  ancient  settlement  wherein  authority  had  been  claim- 
ed and  conceded  on  the  ground  of"  necessity  "  >r  because  it  was  within  the 
bounds  of  actual  possession. 

The  inhabitants  of  the  territory  thus  incorporated,  acting  under  the  pro- 
tection, as  they  supposed,  of  the  laws  of  the  State,  and  with  the  broad  banner 
of  tho  Union  unfurled,  as  they  believed,  over  their  heads,  undertook  to 
organize  the  corporation    by  the  choice  of  municipal  officers.     Their  pro- 
ceedings, however,  were  soon  arrested  by  the  Government  of  New  Bruns- 
wick ;   several  of  them  were  seized  and  imprisoned,  and  others  were  driven 
from 'their  homos  and  their  property  by  military  force.     The  Governor  of 
the  Slate  communicated  these  transactions  to  the  President.     He  informed 
him  that  the  proceedings  of  the  persons  implicated  "  t^erc  authorized  by 
the  constitution  and  laws   of  the  State:'  and  appealed  "  to  the  Genera! 
Government  of  the  Union  to  adopt  the  necessary  measures  to  procure  the 
release  of  our  citizens  from  impiisonment,  and  to  protect  our  State  from 
foreign  invasion."    Expressing  great  confidence  in  the  action  ot  the  General 
'Government,  and  a  willingness  to  await  the  "  direction  of  the  President, 
he  concluded  ;  "  In  the  mean  time  it  will  be  my  endeavor  that  this  State  may 
be  prepared  to  exert  tho  means  within  her  power,  which  may  be  necessary 
for  the  protection  of  her  territory  and  the  security  of  her  citizens.       Suci. 
was  the  language  and  tho  spirit  of  the  demand  made  by  a  sovereign  State 
of  the  Union  for  its  constitutional  right  of  security  and  protection.    And  how 
was  this  demand  mcti   By  a  stern  rebuke  for  her  unauthorized  proceedings . 


I 


22 


r 


By  an  admission  which  Maine  and  the  General  Government  itself  had  before 
repudiated :  that  Great  Britain  actually  held  the  possession  of  the  disputed 
ground,  by  assertion  that  an  arrangement  had  been  made,  binding  on  Maine, 
of  which  these  proceedings  were  f».  ''iolation,  and  that  Great  Britain  might, 
therefore,  be  justified  in  taking  into  her  own  hands  the  punishment  for  that 
violation.  I  will  read  extracts  from  Mr.  Livingston'^  letter  to  the  Governor, 
dated  21st  October,  18^1 : 

"  And  you  will  observe  the  extreme  desire  of  the  Executive  to  conform,  with  scrupuloxit 
good  faith,  to  the  arrangement  made  with  the  minister  of  Great  Britian  for  preserving 
ike  stale  of  things  as  it  then  existed  on  both  sides,  until  a  final  disposition  could  be  made 
of  the  question." 

What  this  arrangement  really  was,  and  when  entered  into,  nowhere  ap- 
pears. Mr.  Livingston  says,  "  it  teas  communicated  to  your  excellency, ^^ 
but  in  reply  to  this,  the  Governor  says,  "  until  your  late  letter,  no  notice  of 
such  an  arrangement  was  communicated  to  me,  and  no  copy  of  it  can  be 
found  among  the  archives  of  this  State."  Mr.  Livingston,  however,  proceeded : 
"  it  was  distinctly  understood  that  no  exertion  of  the  State  authority  in  the 
parts  of  the  disputed  territory  which  were  actually  held  by  the  British,  should 
interfere  with  this  agreement."  I  do  not  perceive  that  the  Governor  any- 
where repelled  this  assumption  of  power  on  the  part  of  the  General  Govern- 
ment, then  for  the  first  time  avowed,  to  interfere  with  and  check  the  exer- 
tion of  State  authority,  and  I  regret  lie  did  not. 

"  The  first  extract  from  your  letter  which  I  communicated  in  mine  to  Mr.  Bankhead, 
gave  the  President  reason  to  believe,  as  I  expressed  myself,  that  the  election  meetings  at 
Madawa»ka  were  unauthorized,  as  they  were  clearly  a  breach  of  tho  arrangement  with  the 
British  minister."  ♦  ♦  ♦  "  The  call  for  his  protec;ion  to  the  citizens  of  your  Slate  who 
have  been  arrested  in  consequence  of  those  proceedings,  and  for  repelling  what,  you  con* 
pider  as  an  invasion  of  your  State,  uould  havecalled  for  very  different  measures,  if  the  first 
departure  from  the  understanding  between  the  two  Governments  had  not  proceeded  from 
the  persons  who  have  been  arrested  :  and  if  the  authority  exercised  recently  by  the  Govern- 
ment of  New  BrunswicJ;  'laii  Lee  i  in  a  settlement  which,  at  tho  time  of  the  arrangement 
was  not  defacto  in  the  oc(  opaiion  of  the  Brit' ,Ii.  As  llie  case  is,  however,  tlie  President 
cannot  consider  the  c"i\'  '.i.ii-e  >::  the  occupuiion,  by  the  oHicers,  civil  or  military,  of  the 
British  Province,  as  ua  ....aaion;  out  will  take  all  proper  measures  to  procure  the  release 
of  the  ill-advised  persons  who  have  been  the  cause  of  the  disturbance." 

Such  was  tho  language,  sir,  addressed  to  the  State  on  that  occasion. 

The  "  ill-advised  pcr-sons  who  had  been  the  cause  of  the  disturbance," 
happened  to  be  the  Governor  himself,  and  the  members  of  the  Legislature ; 
although  they  were,  probably,  not  directly  intended  by  the  Secretary  in  this 
remark.  Such  was  the  rebuke  Maine  received  fdr  proceedings  avowed  to  be 
^^authorized  by  the  constitution  and  laws  of  the  State."  No  demand  was  made 
upon  the  British  Government  for  the  release  of  these  citizens,  nor  for  redress 
of  the  wrongs  infliicted  upon  them  ;  but,  on  the  contrary,  their  acts  were  not 
only  disavowed  by  the  General  Government,  but  it  was  insisted,  to  Great 
Britain,  that  they  had  also  been  disavowed  by  Maine  herself.  The  authority, 
and  the  sole  authority  for  this,  was  an  expression  in  the  letter  of  the  Gov- 
ernor, which  communicated  the  circumstances,  in  these  words  :  "  However 
unexpected  and  regretted  by  mo  are  these  transactions."  Upon  these  words, 
"  unexpected  and  regretted,"  the  Secretary  of  State  presumed  to  assure  the 
charge  d'afiaires  of  his  Britannic  Majesty,  that  the  elections  complained  of 
"  were  made  under  color  of  a  general  law,  which  was  not  intended  by  either 
the  e.xecutive  or  legislative  authority  of  the  Stale,  to  be  executed  in  that 
settlement,  and  that  the  lohole  loas  the.  work  of  inconsiderate  individuals." 
Nav,  further,  '*  tho  iunovatioii  on  the  existing  state  of  things  In  the  disputed 
territory  being  distinctly  disavoived  by  the  executi^  authority  of  the  State, 


23 


'  had  before 
be  disputed 
J  on  Maine, 
itain  might, 
ent  for  that 
!  Governor, 

ith  scrupulous 
jT  preserving 
ould  be  made 

owhere  ap- 
piceltency" 
0  notice  of 
f  it  can  be 
proceeded: 
ority  in  the 
itish,  should 
vernor  any- 
ral  Govern- 
k  the  exer- 


[r.  Bankhead, 
in  meetings  at 
nent  with  the 
3ur  Slate  who 
^hat  you  con* 
es,  if  the  first 
roceeded  from 
y  the  Govern- 
!  arrangement 
the  President 
ilitary,  of  the 
re  the  release 


asion. 

sturbance," 
jpgislature ; 
tary  in  this 
'owed  to  be 
d  was  made 
r  for  redress 
;ts  were  not 
d,  to  Great 
e  authority, 
f  the  Gov- 
"  However 
hose  words, 
)  assure  the 
iiplained  of 
id  by  either 
ted  in  that 
dividuah.^^ 
iic  disputed 
'  the  Stale, 


no  act  of  authority  or  exercisr,  of  jurisdiction  having  lollowed  the  electioii 
Wei  sir,  wl>at  Lnl  What  farther  humiliation  ^  ;' I  would  respectfuUy 
ZTLrl-Bol  sir  enough.  I  pass  it  over.  Suffice  it  to  say,  that  agreeably 
Trc4">«rs"gg-tion,  t'he  ^^ prerogative^^  ;  of  mercy"  was  extended 
o  them  bv  his  iMaiesty's  Lieutenant  Governor  of  New  Brunswick  ;  m  other 
wo  d:  a  adon7as  g'ranted  to  them ;  p«./«n,  for  the  high  -ime  o  o  ed. 
ence  to  American  laws.  If  anything  were  wanting  to  fill  "P^^'^Jl'^Jl 
of  our  humilation.the  President,  thereupon,  instructed  ^»^«^  S^^7;Y«fJL^  ^^^^^ 
"  to  express  his  satisfaction  at  the  prompt  manner  in  which  his  ^  W*J^««» 
have  been  complied  with  ;  and  to  say,  that  he  considers  it  as  a  proot  of  t^u, 
disposition  of  his  Britannic  Majesty's  officers  to  preservP  the  harmony  that 
so  happily  subsists  between  the  two  Governments.  •  ,  .  j    •  ut=  i 

Here  is^  model  for  indignant  demand,  and  resentn^ent  or  violated  rights  ! 
ThanksM  a  gracious  pardon  to  American  citizens,  for  obedience  to  Ameri- 
cin  laws,  on  American  soil !  How  does  this  contrast  with  the  "se  ot 
Baker,  arrested  in  1827,  acting  upon  his  own  responsibility,  '".obedience  to 
„.  laol  The  language  to  Great  Britain  then  was,  "  ^/^a^e.er  his  ^^^^^^f^ 
may  have  been."  l^owever  we  way  disapprove  it,  he  is  not  ^^^'^^^^^ ^'^^ 
laws.  FoM  cannot  punish  him.  You  must  release  him.  You  must  cease 
threxercise  of  jurisdiction.  But  now,  "  forsooth,  these  are  very  inconsid- 
erate  individuals,  whom  we  hope  you  will  forgive  . 

But  sir  I  see  with  profound  regret,  in  the  documents  last  communicated. 
e-Mdence  o  a  n  ore  slartling  character  still  of  a  surrender  of  the  territory 
to  British  possession  and  authority  ;  evidence  ^or  the  first  time  disclosed  and 
which,  1  h'^zard  little  in  saying,  will  be  received  in  Maine  with  '^e  'vel.est 
surpri  e.  Complaints  of  cutting  timber,  and  other  acts  of  o^^^^^ip,  have 
beer.,  on  various  occasions,  made  upon  both  sides  ;  and  -P--"y';7-  J; 
stance,  the  proceedings  of  a  person  assuming  to  be  a  '^;;^'^h  "f  «^'Jf  "^^^J! 
subiec  of  remonstrance  ;  in  explanation  of  which,  the  Lieutenant  Gov- 
ernor of  tne  Province,  in  a  letter  to  the  British  minister,  dated  January  20, 

1834,  says :  . ,    ,     ,       , j 

"  Mr  Machuchlan  was  appointed  to  the  wardemhip  oflhe  country,  with  i\i&  knoxnUdge 
Mr.  ^^^'=''^"7/'-"  p„„  j;„,  .  ana  it  is  not  conceived,  therefore,  that  any  fair  ground 
oPolSl  "a  ^tlen  0  t  faithful  performance  of  the  duties  of  his  office  But  this 
GovSentn"vcr  has  admitted,  and  never  can  admit,  the  right  of  any  "S"'  f-^"™  Mamo 
or  MaSusetts  to  exercise  authority  xoithin  the  conventional  frontrer  of  the  Province, 
while  its  proper  limits  remain  a  subject  of  negotiation.  „  ,    ,.  , 

This  letter  was  communicated  to  the  Secretary  of  State  on  28th  February 
foUowinff   bv  Mr.  Vaughan,  who  makes  use  of  the  same  form  ot  expression, 
"   ircLi<ion«/   frontier  of  the   Province."     It  does   not    appear   that 
any  exception  was  "taken  by  our  Government,  to  the  fact  as  stated,  nor  to 
21  form  of  expression  which  was  used.     It  may,  therefore,  be  assumed  as 
true,  that  a  warden  had  been  appointed  by  British  authority   over  the  who  e 
disputed   territory,  with  the  knowledge  and  concurrence    «.  »he  President 
tat  a  ^Uonveniional  frontin^^  \y^A   been,  established  ;  a  line  of  boundary 
definitely  agreed  upon,  over  which,  neither  Maine   nor   Massachusetts,  nor 
their  land  agents,  Iho  trarto  appointed  by  them,  shoitld  te  permitted  to 
nass.     The  British   minister  might  have  been  well  justified  in  renewing  his 
acknowledgments,  expressed  not  long  before,  for  "  the  readiness  u.th  which 
the  President  directed  inquiries  to  be  made,  and  the  dcnre  which  he  has 
shown,  on  this  and  every  similar  occasion,  to  prevent  any  encroachment  on 
the  disputed  territory  pending   the  settlement  of  the  bcroiary  now  in  pro- 
irress  between  the  two  Governmenls." 

What  wore  the  duties  of  this  British  warden,  thus  appointed,  within  the 


m 


"  conventional  frontier,"  thus  established  ?  Let  him  speak  k:  himself.  In 
a  letter  of  28th  September,  1833,  communicated  to  our  Government  on  the 
20th  of  the  followinjsj  month,  he  styles  himself,  "Me  ojficcr  in  charge  of  the 
territory  in  dispute,"  and,  as  such,  proceeds  to  complain  of  the  proceedings 
of  the  officers  of  the  States  of  Maine  and  Massachusetts,  to  whom  they  had 
committed   the  charge  of  their  interests  in  the  territory.     He  adds,  farther: 

"  It  is  unnecessary,  and  probably  mijjht  be  considered  improper,  on  my  part,  to  animad- 
vert on  the  conductor  these  agents  ;  but  your  excellency  must  be  well  aware  of  thetroublo 
it  occasions  in  the  performance  of  my  duty  ;  and  certainly  there  does  appear  something 
exceedingly  inconsistent  that  the  land  ngents  of  these  States  sliould  attempt  to  counteract 
(he  wishes,  nay,  I  may  almost  say,  the  instructions  of  both  Governments,  to  an  officer  who 
has  been  appointed  to  prevent  collisions  between  them." 

The  whole  matter,  tlion,  is,  that  a  British  officer  has  been  appointed,  with 
the  knowledge  and  concurrence  of  the  President,  to  take  charge  of  llie  ter- 
ritory, and  in  obedience  to  the  wishes,  nay,  almost  instructions,  of  both  Gov- 
ernments, to  prevent  collisions  between  them,  by  arresting  the  States  of 
Maine  and  Massachusetts  in  their  operations,  within  a  territory  which  this 
Governm«"nt  has  always  admitted  and  contended  to  be  rightfully  theirs  ;  and 
which  it  has  also  uniformly  acknowledged,  it  had  no  power  to  cede  or  sur- 
render. I  desire  to  be  informed,  whence  the  authority  is  derived,, to  cede 
for  a  single  day,  that  does  not  equally  permit  a  cession  forever  ?  If  these 
things  be  so,  I  confess,  I  look  upon  it  as  a  clear  violation  and  surrender  of 
our  rights,  wholly  unauthorized.  Nor  do  I  perceive  with  what  propriety 
this  Government  can  complain  to  Great  Britian,  howevr-r  justly  Maine  may 
do  so,  for  any  proceedings  she  may  see  fit  to  carry  on,  while  the  territory  is 
thus  within  her  admitted  custody  and  charge. 

These  complaints  of  the  warden  of  the  territory  were  transmitted  to  the 
Governors  of  the  two  States,  whose  agents  had  so  violated  the  wishes  and 
instructions  of  both  Governments  ;  and  I  am  sorry  to  find  that  it  was  left  to 
Massachusetts  alone,  to  remonstrate  against  this  assumption  of  jjower  on  the 
part  of  the  British  warden,  as  well  as  against  any  acquiescence  in  if,  on  the 
part  of  the  United  States.  The  then  respected  and  faithful  Chief  Magisiralo 
of  that  State,  now  a  distinguished  member  of  this  House,  [Mr.  Lincoln,] 
held  this  language  in  reply  to  the  Secretary  of  State  : 

"  In  the  mean  time,  I  cannot  but  earnestly  protest  against  the  authority  i^f  any  appointment 
on  the  behalf  of  his  Majesty's  Qovornment  which  may  be  regarded  as  a  claim  tothetxecu- 
tive  protection  of  this  property,  or  be  denned  an  arguicscctuc,  on  thrpart  of  the  United  States, 
in  an  interference,  under  color  of  a  wardcnxhip  of  the  dinputedterriton/,  with  tlie  direction 
to  its  improvement  which  the  Governments  of  MaHsnchust'tts  and  Maine  respectively  may 
see  (it  to  give  to  their  agenti." 

Protests  Biid  remonstrances  !  Tlioy  were  of  no  avail.  The  day  had  gone 
by  when  they  were  welcome.  The  property  had  passed  away,  for  a  time 
at  least,  and  forever  I  fear,  unless  our  Government  now  retrace  its  steps, 
rescind  tho  disastrous  arrangoments  of  a  conventional  frontier,  and  assort  our 
rights  in  a  spirit  becoming  a  nation  tu  assume  in  such  an  emergency. 

In  this  stnte  jf  affairs,  is  it  a  matter  of  much  surprise  that  another  Ameri- 
can cititon,  protected  also  by  tho  laws  of  the  State,  should  have  been  arrest- 
ed, twice  arrested,  by  this  same  British  warden,  '•  appointed  with  the  knowl- 
edge and  concurronro  of  tho  President,"  '•  to  take  cliargo  of  tho  territory?" 
The  circumstances  of  the  case  are  contained  in  the  documents  upon  your 
table.  The  acts  charged  upon  him,  as  an  oU'encc  against  British  laws,  were 
performed  or  about  to  bo  performed  upon  the  same  territory,  which  was  in- 
corporated as  «  town  in  1R31.  Tlioy  wore  performed,  also,  under  the  same 
anlhority — tlte  laws  of  Maine. 


25 


The  interposition  of  the  national  Government  has  been  earnestly  invoked 
in  his  behalf;  and  a  spirited  demand  (or  his  release  has  been  made  by  the 
American  minister  at  her  Majesty's  court ;  I  can  hardly  say  in  obedience  to 
instructions,  but  rather  in  consequence  of  them,  from  the  Secretary  of  State. 
I  have  said,  a  spirited  demand.  Sir,  it  is  more.  The  minister  has  taken 
high  and  honorable  ground.  He  places  the  demand  on  the  old  and  solid,  and 
only  tenable  foundation,  of  rights  which  at  a  former  period  was  so  zealously 
maintained  by  our  Government.  He  uses  language,  which  has  not  greeted 
our  ears  for  ten  years,  long  years,  of  submission.  He  cuts  through  at  once, 
all  the  meshes  and  knots  of"  conventional  frontier,"  "  wardenship,"  and  "  an- 
cient jurisdiction,"  which  have  been  wound  around  the  question,  and  free 
from  their  embarrassments,  demands  the  restoration  of  our  original  rights.  1 
honor  him  for  his  zeal  and  his  firmness.  1  conjure  him  to  maintain  this  higb 
position.  A  ray  of  light  breaks  in  upon  us,  and  cheers  our  almost  desponding 
hopes.  Allow  me,  sir,  to  refer  to  some  portions  of  his  letters  to  Lord  Pal- 
merston,  of  10th  August  and  8tli  November,  upon  this  subject: 

"  The  undersigned,  moreover,  does  not  presume  That  pending  the  negotiation,  and  whilst 
etTorlB  are  rnaiiing  for  the  peaceable  and  final  adjustment  of  these  delicate  and  exciting  ques- 
tions, her  Majesty's  Government  canclaimthe  right  of  e.vclusice  jurisdiction  and  sovereign- 
ty over  the  disputed  terrilory,  or  the  persons  residing  within  its  limits.  In  such  a  claim  of 
power  on  the  part  of  Great  Britain,  or  its  provincial  authorities,  the  undersigned  need  not 
repeat  to  Lord  Palmerston,  (what  he  is  already  fully  apprized  of,)  tko  Government  of  the 
United  States  can,  never  consent  to  acrjuiesce,  in  the  existing  stale  of  the  controversy.  On 
thecontiary,  the  mutual  understanding  which  exists  between  the  two  Governments  on 
»he  subject,  and  the  moderation  which  both  Governments  have  heretofore  manifested, 
forbid  the  evercise  by  either  of  euch  high  acts  of  sovereign  power  as  that  which  has  been 
exert<  I  in  the  present  case  by  the  authorities  of  her  Majeaty'a  provincial  Government." 

"  It  becomes  the  duty  of  the  undersigned,  therefore,  iii  pursuance  of  special  instructionB 
from  his  Government,  to  invite  the  early  and  favorable  consideration  of  her  Majesty's 
Government  to  the  subject,  and  to  demand,  as  a  matter  of  justice  and  right,  the  immedi- 
ate discharge  of  Mr.  Qreely  from  imprisonment,  and  «.  suitable  indemnity  for  the  wrongs 
ho  has  sustained," 

In  regard  to  the  second  arrest,  lie  takes  occasion 

"  To  repeat  the  a.isurancen,  heretofore  given,  that  such  proceeding  can  be  regarded  in  no 
other  light  than  a  riolation  of  the  righ't  and  sovercii;nty  of  the  t'niled  States,  and  entirely 
irreconcilcable  with  that  mutual  forbearance  which  it  was  understood  would  be  practised  by 
both  Governments  pending  the  negotiation. 

"  The  circumstances  under  which  these  recent  attempts  to  enforce  jurisdiction  havp 
been  made,  show  that,  in  the  most  favorable  aspect  in  which  they  can  bo  regarded,  they 
letve  icholly  indefensible." 

"  By  what  authority,  then,  the  provincial  Government  of  Now  Brunswick  felt  ititelf  jus- 
tified in  exercising  such  acts  of  sovenMgn  jmwer,  tho  undersign-d  is  at  a  loss  to  conceive- 
un:esii,  indeed,  upon  the  ground  that  the  jurisdiction  asd  sovereignty  over  the  disputed 
territory,  pending  the  controversv,  res/s  exclusively  with  (heat  liritain.  It'^nch  should 
turn  out  to  be  the  fact,  it  can  hardly  bo  necessary  again  to  repeat  the  assi  ices  which 
have  been  heretofore  given,  that,  in  any  such  claim  of  |M)wer,  the  Uovemment  uf  the  I'niled 
States  cannot  acquirsrr. 

"  Upon  the  consequences  which  would  unavoiilably  rosult  from  attempting  to  excrci«n 
such  jurisdiction,  it  is  needlesn  to  enlarge.  It  mut-t  now  be  apparent  that  all  such  nltempt^, 
^7"  persevered  in,  can  produce  only  feuds  and  collisions  of  the  most  piiinful  character." 

"  It  is  unilor  this  view  of  ihosiibjecl  that  the  undersigned  haa  been  instructed  again  to 
romonsirate  against  lhe>«o  proceedings  of  the  aulliorities  of  New  Brun.iwick,  ns  a  riolation 
of  the  n>/i/,s  qf  .Maine,  in  the  person  uf  her  ui^mt  i  and  to  protest  in  the  inost  solemn  man- 
nor  against  the  fnluree-iercise  of  oil  such  acl^  of  jurisdiction  and  sovereignty  over  the  dis- 
imteilterritory,  or  the  citizens  of  the  United  Stales  residing  within  its  limits,  until  a  flnsl 
ndiustmont  ol  the  controversy  takes  place." 

'"  It  cannot  bo  expected,  if  the  authorities  of  New  Brunswick  still  ptrievere  in  xHtmpl- 
ing  to  exercise  juMsdiction  over  the  disputed  territory,  by  the  arrest  and  impriionment  In 
foreign  jail*  of  eitirens  of  Maine,  for  performing  their  duty  under  the  law  of  their  ovn 
State,  and  within  what  is  believed  t(>  lie  her  territorial  limits,  that  mrunuros  of  retaliation 
will  not  be  re«iorted  toby  Maine,  and  great  mischief  ensue. 


80 

"  Indeed,  under  existing  ciicmnslnnccs,  and  in  the  nature  of  human  connexions,  it  is 
not  possible,  should  suck  a  course  of  violence  be  continued,  to  avoid  collisions  of  the  moat 
painful  character,  for  which  the  Government  of  the  United  States  cannot  be  responsible, 
but  which  both  Governments  would  equally  deplore. 

"  It  was  doubtless  with  a  view  of  iijuarding  against  these  consequences  that  the  un- 
derslanding  took  place  that  each  Government  should  abstain  from  exercising  jurisdiction 
within  the  limits  o)  the  disputed  territory,  pending  the  seitlcment  of  the  main  question. 

"  The  undersigned  cannot  permit  hrniself  to  doubt  but  that,  upon  a  careful  review  of 
the  whole  subject,  her  Majesty's  Government  will  see  fit  not  only  to  marl:  mtk  its  disap- 
probation thislast  irocecding  of  her  colonial  Government,  and  direct  the  immediate  liber- 
ation of  Mr.  Qreely  from  in.prisonment,  with  ample  indemnity  for  the  wrongs  he  may  have 
sustained,  but  that  it  will  see  the  propriety  of  giving  suitable  instructions  to  the  authorities 
of  New  Brunswick  to  abstain  Jar  the  future,  from  all  acts  of  that  character,  which  can 
have  no  other  tendency  than  to  increase  the  excitement  and  jealousies  which  already  pre- 
vail, and  retard  the  final  and  amicable  adjustment  of  this  painful  controversy." 

Mr.  Speaker,  this  was  once  familiar  language.     It  cnrrics  us  back  many 
years.  Indemnity  for  the  past,  security  for  the  future — abstain  bereafter  from 
all  acts  of  jurisdisction — if  persevered  in,  we  are  not  responsible  for  conse- 
quences I     i  wait,  sir,  with  some  anxiety  and  some  curiosity,  for  tlie  fartbcr 
development   of  these  proceedings.     I  desire  to  see   wlictber  our  Govern- 
ment will  sustain  its  minister,  in  tbe  lionorable  position  be  has  taken  ;  wheth- 
er, in  truth,  we   hav(,'    at    length    the    consolation    to    believe,  that   all    the 
diplomatic  arrangements,  which  "  have  spread  a  writ  of  protection  over  the 
whole  mass  of  Biitish  aej^'ressions,"  are  about  to  be  abrogated.     I  confess,  I 
am  not  without  apprehension  on  that  subject.     I  do  not  perceive,  in  the  pa- 
pers emanating  from  the  Department  of  tState,  the  satrio  zeal  and  spirit  which 
actuated  the  minister.    When  the  interposition  of  the  President  whs  first  invo- 
ked bv  the  Governor  of  Maine,  it  seemed  to  have  been  an  ''uvwrlcome  subject." 
The  circuntstances  were  not  regarded  as  sufficient  "  to  warrant  the  interfer- 
ence of  thy  Government,  at  pr-^sent."     Farther  explanations  were  wanted, 
and  "  a  full  knowledge  of  all  the  fads  illustraiivo  of  the  case,"  "  before  any 
formal   application  for  redress  could   properly  bo   preferred."     But  let  that 
pass.     Instructions  were  finally  given  to  our  minister,  to  demand  the  rcleaie 
of  thfl  prisoner,  and  indemnity  for  hW  wrongs.     Ho  was  discharged  from  im- 
prisonnuMit,   by  the  provincial   Government,  before  any  answer    had    been 
returned  by  the  British  Government ;  and,  in  point  of  I'act,  I  believe,  before 
the  demand  had  actually  been  made  by  Mr.  Stevenson  for  his  release.     In 
what  mode,  therefore,  and  upon  what  grounds,  be  was  then  released,  wo  have 
no  knowledge.     He  was,  however,  soon  iifier,  i.rrcsted  a  second  time,  and 
iho  aid  of  tiio  General  Government  was  again  solicited.     In  this  instance, 
prompt  instructions  were  given  to  thn  n)inisler.     The  President,  however, 
seemed  to   apprehend,  that  the  acts  for  which  Greely  was  arrested  wero   a 
violation  of  the  arrangement,  in  regard  to  the  possession  and  jurisdiction  of 
the   territory  ;    inasmuch  as  tho  larger   portion   of  ihu  Secretary's  letter  to 
the  Governor,  informing'  him  of  the  measures  he  would  adopt,  was  devoted  to 
renewing  and  re|)eating  an  udmoniiionlo  practise  moderation  and  forbearance, 
and  to  co-uperaU  with  the  Government  in  a  condliatorij  course. ;  \\\\  adnu)- 
nition  quite  unnecessary  at  that  time  and  in  that  connexion  ;  but  front  an  idea 
that  Maine,  in  this  inslancr-,  also,  had  been  the  aggressor,  ns  in  the  former  case 
of  the  incorporation  of  Madawaska,  sho  had  been  explicitly  declared  to  be. 

Hence  the  instructions  to  Mr.  Stevenson  were,  not  to  found  his  demand 
upon  till?  great  and  substantial  principle  that  Great  Rrilain  had  no  right  of 
jurisdiction  whatever,  in  any  case,  for  any  cause,  and  that  iuch  claim  would 
not  be  acquiesced  in  ;  hut  upon  the  eround,  that  lie  acts  t  omplained  of  were 
innoccnit  in  their  character,  and  conld  not  fairly  be  roo'^idered  a  breach  ol 
tho  arraiigomeni  subsisting  botwcon  tho  Govcrnmcnti.  The  lunguugo  of  the 
Secretary  of  State  is : 


«7 


[ions,  it  is 
f  thu  moBt 
esponsible, 

at  the  un- 

uriadiction 
eslion. 
li  review  of 
I'l  its  disap' 
dinte  iiber- 
e  may  have 
authorities 
which  can 
ircady  pre- 

jck  many 
iifter  from 
for  conse- 
lie  farther 
•  Govorn- 

;  whfth- 
it  all  the 
1  over  tlio 
confess,  I 
ill  the  po- 
lirit  which 
first  invo- 
e  subject." 
'J  interfcr- 
c  wanted, 
)pforo  any 
lit  let  that 
lie  reluate 
I  from  im- 
had  been 
vo,  beftire 
lease.  In 
I,  wo  have 

time,  anil 
s  instaniT, 
,  linwover, 
'd  wero  a 
sdiction  of 
's  letter  to 
devoted  to 
rbearance, 

nn  adnio- 
on)  nn  idoii 
Drmer  case 
I'd  to  be. 
In  diMtiand 
no  rij^ht  of 
aim  would 
rd  of  were 
I  breach  of 
lago  of  the 


"  This  arrest  was  made  on  a  part  of  tlio  territory  in  dispute  between  the  United  Slates 
nnd  Great  Britain,  and  could  only  Imve  been  justijied,  in  tiic  existing  state  of  that  contro- 
versy, by  some  plain  infringement  of  the  understanding  wliich  exists  l)Ctwcen  the  parties; 
that,  until  the  settlement  of  the  question  of  right,  there  shall  be  no  extension  of  jurisdic- 
tion on  either  side  within  the  disputed  liinitB.  It  is  not  perceived  how  the  simple  enumer- 
ation of  the  inhabitants,  about  which  Mr.  Greely  was  employed,  could  bo  construed  as  a 
breach  of  that  understanding." 

It  seems  to  me,  that  this  is  a  protly  plain  admission  that,  if  his  proceed- 
ings could  be  so  regarded,  his  arrest  was  justifiable,  and  we  have  no  cause  of 
complaint.     It  surrenders  the  strong  ground,  which,  however,  the  minister, 
notwithstanding,  planted  himself  upon,  for  the  weaker  out.    It  is  not  the  true 
ground  ;  and,  if  1  know  any  thing  of  the  sentiments  of  Maine,  it   is  not  the 
foundation  she  will  be  content  to  rest  it  upon.     The  doctrine  in  1828,  in  re- 
gard to  the  arrest  of  Baker,  was,  "  tchatever  his  misconduct  may  have  been,''* 
Great  Britain  has  no  cognizance  of  his  cose  ;  sho  shall  not  adjudicate  upon 
his  guilt  or  his  innocence.  It  is  the  language  now  held  by  Mr.  Stevenson  ;  for, 
although  he  suggested  the  other  view  of  the  matter,  it  was  faintly  done,  and 
not   pressed  nor  relied   upon.     The   principle   apparently  admitted   by  the 
Secretary  is,  in  my  judgment,  not  only  untenable,  but  can  be  of  no  practical 
benefit  or  utility.     Who  is  to  determine  whether  any  specific  act  is  or  is  not 
a  violation  of  the  informal  arrangement  so  often  spoken  of]     Clearly,  the 
tribunal  which  takes  cognizance  of  the  complaint.     And   if  it  decide,  as  it 
undoubtedly  would,  against  the   innocency  of  the   transactions,  what  theni 
Are  the  proceedings  to  be  justified  1     Is  the  citizen  to  be  abandoned  to  his 
fate  for  having  yielded  obedience  to  our  laws"     Is  Government  to  be  silentl 
Is  the  demand   for  redress  to  be  withdrawn  ]     These   are  topics  worth   tho 
consideration  of  those  w'-o  conduct  the  affairs  of  Government,  and  I  com- 
mend them  to  their  attention.     I  wait  to  see  tlio  principles  announced  which 
they  will,  at  this  crisis,  maintain.     1  wish  to  be  informed  how  our  Govern- 
ment will  meet  the  answer  wo  may  reasonably  expect  to  receive  from  Great 
Britain.     There  is,  in  my  opinion,  but  one  way  to  do  it;  and  that  is,  to  tell 
Great  Britain,  we  have  submitted  to  your  exercise  of  authority  long  enough, 
in  the  hope  of  an  uarly  adjustment  of  the  controversy.     We  submit   no 
longer.      We  go  back  to  tho  old  position,  from  which  we  have  been  drawn 
out  in  a  spirit  of  conciliation  and   forbearance.     We  abrogate  all  arrange' 
ments  and  understandings,  which  have  been  so  perverted  and  abused.     We 
take  a  new  observation,  nnd  a  new  departure. 

In  1829,  the  President  of  the  United  States,  then  Secretary  of  Slate,  said, 
in  a  letter  to  the  British  minister,  and  said  truly  : 

"  More  than  twenty  ycnrs  ngo,  l.xrgo  trncis  of  land,  lyina  westward  of  Mars  Hill,  and 
northward  on  tho  river  Restock,  wore  grantod  by  dm  Slnta  of  MassachuHolls,  ickich 
traclt  are  held  and  possensed  under  those  f;ranls  to  th.s  day  ;  and  the  Uniieil  States  and 
tho  Stntcsof  MnHtacluuellK  r\nd  Mnino,  in  snccrsfiun,  Imvu  never  eeased  to  exercise  that 
jurisdiction  which  iho  unKcttlud  condition  of  tho  country  in  that  region,  nnd  other  circum 
ilnncrs,  admitted  and  required." 

I  flesire  to  know  from  him,  what  has  becomi'  of  thoso  possessions,  and  that 
jurisdiction]  Wheif*  are  they]  By  what  right  have  ihey  been  surrendered] 
Whertfore  have  they  now  passed  away  from  us] 

Suih  is  the  history  ledioiM  and  uiiinleresting,  I  fear,  of  tho  proceedings, 
which  have  finally  resulted,  as  Mr.  Clay,  in  1828,  prophetically  .said  they 
would  result,  in  giving  to  Groat  Britain  '*  tho  substantial  I'njoynicnt  of  all  tho 
advantages  of  a  decision  of  the  controversy  in  her  favor ;"  a  result,  too, 
under  thu  intiunnce  of  which  she  has,  as  he  also  said,  "  she  would  have,  no 
motive  for  co-operating  in  quickening  the  termination  of  the  settlement  of  the 
queilion."     At  that  time,  and  in  view  of  this  result,  it  whi  uimounctd,  "The 


28 


President  of  the  United  States  cannot  consent  to  this  unequal  condition  of 
the  parties.^''  Can  it  be  consented  to  now  ?  What  has  rendered  it  more 
tolerable  than  it  was  then?  How  long  shall  it  be  borne  1  I  remarked,  in 
the  outset  of  these  observations,  that  Maine  had  scarcely  yet  ever  been  in- 
formed of  the  nature  and  extent  of  the  pretended  arrangements,  which  have 
so  seriously  affected  her  interests.  She  has,  in  truth,  been  kept  in  the  dark 
upon  the  subject.  The  Governor,  as  I  have  shown,  in  1831,  expressly  denied 
that  he  had  received  any  information  in  regard  to  it,  or  that  any  could  be  found 
in  the  archives  of  the  State.  Whenever  it  has  been  since  alluded  to,  a  form 
of  expression  is  used,  which  can  hardly  be  accidental,  very  different  from 
that  employed  in  the  correspondence  with  Great  Britain ;  an  expr-ission 
which  gives  little  if  any  information  to  Maine  of  the  precise  extent  of  the 
obligation  you  have  unwarrantably  assumed  to  impose  upon  her.  In  Octo- 
ber, 1831,  Mr.  Livingston  says,  to  the  Governor,  the  arrangement  was  "  to 
preserve  the  state  of  things  as  it  then  existed,  on  both  sides."  What  state 
of  things'?  Maine  was  in  possession,  and  was  willing  to  preserve  that  state 
of  things;  but  it  is  gone. 

In  August  last  Mr.  Forsyth  says : 

"  In  speaking  of  the  restrictions  imposed  upon  Maine  in  rc(  liiiming  her  rightful  juris- 
diction, your  excellency  doubtlessly  refers  to  the  understanding  between  the  Federal  Gov- 
ernment and  lluit  of  Great  Britain,  that  each  party  should  abstain  from  the  exercise  of 
furiediction  over  the  disputed  teiritory  during  the  pendency  of  negotiation." 

Is  it  so]  So  be  it,  then.  "  Each  party  shall  abstain  from  jurisdiction,''^ 
is  the  language  held  to  Maine.  Why  not  liold  the  same  to  Great  Britain  ?  And 
yet,  just  before,  the  same  Secretary  said  to  the  minister  of  that  Government, 
that  it  was  *'  the  principle  of  continuing  to  abstain,  during  tho  progress  of 
negotiation,  from  ani/  extension  of  the  exercise  of  jurisdiction  within  the  dis- 
puted territory  on  either  side ;  tho  propriety  of  which  has  been  hitherto  so 
sedulously  inculcated  and  so  distinctly  acquiesced  in  by  both  parties." 

The  portions  of  correspondence  I  have  already  given,  show  very  clearly 
how,  as  between  Great  Britain  and  the  United  Slates,  the  matter  was  under- 
stood. While  Maine  is  told  that  both  shall  abstain  from  the  exercise,  Great 
Britain  is  told,  she  is  only  to  abstain  from  the  extension  of  the  oxt'rcisc  ;  a 
matter,  upon  grounds  assumed  by  her,  she  dues  not  want  at  all.  Tho  prac- 
ticiil  result  is,  that  Maine  is  entirely  dtbcrred,  in  tho  assurance  that  (ireat 
Britain  sha'i  bo  debarred  also  ;  and  that  vireat  Britain  is  \\\  entire  possession, 
in  the  assurance  that  Maine  shall  not  encroach  upon  her.  Such  a  state  of 
things  cannot  last,  and  I  propose  a  measiirc  which  will  terntinate  it  forthwith. 

It  may  be  said,  however,  that  during  tho  pendency  of  u  negotiation  be- 
tween the  two  nations,  to  scltio  tho  (]U('stion  of  boundary,  a  measure  of  this 
description  ought  not  to  be  resorted  to  by  either  party,  and  that  especially  the 
executive  control  of  the  subject  ought  not  in  any  way  to  ho  impeded  or 
directed.  A  general  impression,  1  am  aware,  prevails,  that  it  is  still  a  matter 
tinder  negotiation;  and  if  there  were  rnasonabh;  groimds  of  expectation  that 
any  advance  was  about  to  be  made  toward  its  adjustment,  iherc!  might  ho 
some  force  in  the  objection.  But  we  are  assured  that  all  the  efforts  of  the 
Rxecutivo  have  been  abortive  ;  and  1  now  propose  to  show  that,  in  truth,  the 
mutter  is  not  under  negotiation  at  all  ;  or  if  it  be  so,  it  is  luuler  such  ne- 
gotiation as  cannot  huid  !o  any  satisfactory  result.  De8[)atcli('s,  it  is  under- 
stood, have  lately  been  received.  Of  their  contents  I  have  not  the  slightest 
means  of  knowledge ;  but  I  hu/.urd  litth^  in  the  conjecture,  that  thny  will 
offer  no  proposition  which  can  be  acceded  to,  nor  suggest  any  njodo  of  pro- 
ceeding promising  uieful  results.     They  may  possiblyi  even  probably,  con- 


And 


cert 


tain  suggestions  whicli,  if  acted  upon,  will  consume  soniv.  years  more  of  fruit- 
less efforts.  Meaii»vliile,  Great  Britain,  strengthening  and  maintaining  her 
possession,  and  quieting  her  colonial  dissensions,  will,  at  last,  express  its 
deep  regret  on  account  of  this  long-protracled  controversy,  when  amicable 
adjustment  is  so  indispensable  to  the  interests  of  both  countries  !  We  shall 
see,  in  due  time,  how  far  this  may  prove  true.  At  present,  without  regard- 
intr  the  yet  undisclosed  information  said  to  have  been  received,  1  proceed  to 
examine  the  stale  of  the  negotiation,  as  it  appears  from  the  docunionts  in  our 

possession.  run 

The  opinion,  or  decision,  if  so  it  may  be  called,  of  the  Kmg  of  Holland 
was  communicated  by  the  President  of  the  United  States  to  the  Senate,  early 
in  the  year  1832,  for  the  advice  of  that  body.  The  proceedings  which  tooh 
place  in  re^'ard  to  it,  were  made  known  by  Mr.  Livingston  to  Mr.  Bankhead, 
July  21,  1832,  in  these  words: 

"  The  rcault  of  that  apnlication  is  a  determination  on  the  part  of  the  Senate  not  to  con- 
sider the  decision  of  the  King  of  the  Netherlands  as  obligatory,  and  a  refusal  to  advise 
and  consent  to  its  execution;  but  they  have  passed  a  resolution  advising  he  President  to 
open  a  new  negotiation  with  his  Britannic  Majesty's  Government  for  the  ascertainment 
of  the  boundary  between  the  possessions  of  tho  United  States  and  those  of  Great  Britain, 
on  the  northeastern  frontier  of  the  United  States,  according  to  the  treaty  of  peace  of  1/83. 
This  resolution  was  adopted  on  the  conviction  felt  by  the  Senate,  that  the  sovereign  arbiter 
had  not  decided  ine  question  submitted  to  him,  or  had  decided  it  in  a  manner  unauthorized 
by  tho  submission." 

The  negotiation  thus  authorized,  it  will  be  perceived,  was  one  for  the  as- 
rtainment  of  the  line,  according  to  the  terms  of  the  treaty  of  1783,  and  for 
no  other  line  whatever.     Such  a  negotiation,  I  am  constrained  to  say,  has 
never  been  comminccd,  notwithstanding  the  strenuous  exertions  of  our  Gov- 
ernment to  open  it,  plainly  for  tho  reason   that  Great  Britain  declines  any 
farther  attempt  to  trace  that  liiif,  and  insists  upon  the  necessity  of  adopting 
a  new  one.     This,  our  Government,  having  no  authority  to  establish  another 
boundary  than   that  of  the  treaty,  is  obliged  to  decline,  and  the  parties  are 
therefore  at  a  dead  pause.     A  correspondence,  more  or  less  tardy,  has  been 
carried  on  between  tho  two  Governments  fiom  that  day  almost  down  to  the 
present,  but  without  approaching  an  adjustment.     A  brief  notice  of  its  pro- 
gress, and  of  some  of  the  principles  assumed  and   conceded   in  it,  is  proper, 
inasmuch  as  regards  thesr,  Maine  conceives  she  has  just  grounds  of  complaint. 
The  proposition  to  renew  negotiations,  as  authorized   by  tho  Senate,  was 
made  by  Mr.  Livingston,  in  July,  1832  ;  and  on  tho  14th  of  April  following 
Mr.  Vaughan  replied  : 

"  riis  Mnipnty's  Government  regret  that  they  cannot  discover  in  this  proposal  any  prob- 
able  means  of  arriving  at  a  seKrement  of  this  dinicull  Question.  It  appears  to  his  M»- 
icstv's  Government  to  lie  utterly  hoptlesn  to  attempt  to  ftnd  out,  at  this  lime  of  day,  by 
moans  of  a  new  negotiation,  an  assumed  line  of  bouidary,  which  successive  negotiatori. 
and  which  commisiioneri'  employed  on  the  spot,  have,  during  so  many  years,  failed  to 

discover."  ...»».  * 

♦  ♦♦♦♦•♦♦♦**  * 

"  It  is  necessary  that  iiis  Majesty's  Government  should  bo  informed  i.f  the  ha$i»  upon 
which  it  in  vropostd  to  ue(^oliale,  brifore  they  can  either  entertain  the  propo»al  ot  decide 
upon  tho  instructions  which  it  may  be  necessary  to  give  to  the  minister  to  whom  the  nego- 
tiation, when  agreed  to,  may  be  intrusted," 

Agreeably  to  these  suggestions,  Mr.  Livingston  proceeded  promptly  to  dp. 
velope  tho  principles  he  was  ready  to  coinmeiuo  fresh  negotiations  upon.  On« 
mode,  which,  however,  did  not  meet  much  favor  on  eillur  side,  and  wni  soon 
abandoned,  was,  "  apnointing  a  now  commission,  coniisting  of  an  equal  num- 
ber of  commissiont  with  an  umpire  s.^locted  by  some  friendly  sovereign 
from  ntnone  the  most  skilful  men  in  Euri>pe,  to  decide  on  all  pointi  in  which 


30 


J 


n 


I 


they  disagree;  or  by  a  commission  entirely  composed  of  sucli  men,  so  select- 
ed,  to  be  attended  in  the  survey  and  view  of  the  country,  by  agents  appoint- 
ed by  'he  parties." 

Maine  had  formerly  expressed  dissatisfaction,  in  the  strongest  terms, 
because  an  umpire  had  been  selected  without  her  knowledge  or  consent, 
although  absolutely  required  by  treaty ;  and  it  docs  n.  t  appear  that  any 
attempt  was  made  to  procure  her  assent  to  this  new  umpirage.  Another 
mode  suggested  was,  to  attempt  to  trace  the  line  of  the  treaty  by  the  adop- 
tion and  application  of  a  new  principle  in  surveying,  and  that  was,  to  discard 
from  the  description,  the  words  "due  north,"  "directly  noith;"  if  highlands 
could  not  be  found  in  that  direction,  and  to  seek  for  them  in  some  other 
course;  a  principle  to  obliterate  the  polar  star,  not  only  from  the  escutcheon 
of  Maine,  but  to  strike  it  from  the  great  constellation  of  the  heavens.  This 
proposition  contained  an  abandonment  of  the  very  starting  point  of  the  treaty, 
the  northwest  angle  of  Nova  Scotia,  and  was  subsequently  used  by  Great 
Britain  as  an  acknowledgment,  on  our  part,  tiiat  highlands,  conformably  -to 
the  treaty,  did  not  exist  in  tho  due  north  course  from  the  source  of  the  St. 
Croix. 

In  reply,  the  British  minister,  on  the  llih  of  May,  said,  that  he  was  "  con- 
vinced it  is  hopeless  to  expect  a  favorable  result  front  a  renewed  negotiation," 
upon  the  basis  of  the  treaty  ;  and,  in  regard  to  the  mode  pointed  out,  "  that 
he  did  not  sufficiently  comprehend  it ;  that  an  oblique  lino  might  possibly  be 
drawn  to  the  eastward  of  a  duo  north  line,  to  highlands  which  there  exist, 
and  thus  trench  upon  his  Majesty's  territories  of  New  Brunswick."  He  re- 
quested further  information  as  to  thn  principle  proposed.  Tho  Secretary  of 
State  answered  accordingly,  disclaiming  all  iniention  of  diverging  eastward, 
upon  what  ground  of  reciprocity  it  is  not  easy  to  perceive,  and  further  ilhis- 
trating  and  urging  the  adoption  of  the  mode  suggested,  as  one  likely  to  lead 
to  a  speedy  and  satisfactory  arrangement. 

Mr.  Vaughan,on  3lst  of  May,  1833,  again  addressed  the  Secretary  of 
State  upon  the  subject;  staling  that  he  could  not  .  uticipate  any  favorable 
result  from  liie  adoption  of  the  proposed  mode. 

"  The  proposition  of  Mr.  Livinjjutoii  cenj  iuttUj  provides  againbt  any  deviation  cait- 
ward  from  tho  direct  north  line  from  the  St.  Croix;  but  the  operation  which  it  contom- 
pl.itea  is  Biill  so  rrgtrictrd  to  tho  terms  of  the  treaty, that  the  hasia  of  it  is  tho  same  at  that 
which  tho  undersigned  has  been  intitructed  by  iusGovcrumenl  to  inform  tho  Government 
of  the  Uniiod  Stale*  that  it  was  hopcii'iss  to  nogoliale  upon." 

It  would  be  tedious  to  road  from  the  very  long  correspondence  upon  this 
preliminary  matlor,  occupying  a  period  of  nearly  four  yeais.  Tho  views  sug- 
gested  by  Mr.  Livingston  were  suhsoquontly  slrongly'urgcd  by  Mr.  McLane, 
during  the  year  1834,  and  by  Mr.  Forsyth  in  1835,  conveying  at  all  times 
the  strongest  a.,suriince»  of  the  conviction  of  the  Presidont,  that  ihe  adoption 
of  his  plan  would  lead  to  a  result  perfectly  satisfactory  to  l)otli  nations. 
Littlo  ngard  was  had  to  the  interest  or  the  satisfaction  of  Maine,  in  this  pro- 
ceeding. It  was  urged  expressly  as  a  modo  of  obviating  tho  constitutional 
ohjeclion,  by  which  iho  President  could  not,  without  the  assent  of  Maine, 
agree  to  any  other  than  the  line  of  the  treaty;  and  Great  Britain  was  assured 
thai,  a  lino  run  in  tho  mode  proposed,  though  not  "due  north,"  would  be 
the  line,  of  the  treaty;  to  which  ho  could  agree,  wliether  Maine  was  willing 
or  unwilling.  This  assurance  was  more  than  once  given,  and  an  assurance, 
also,  that  highlands  cmdd  be  found,  conformably  to  tho  treaty,  ''freid  from 
the  restraintt  of  a  due  north  /j'/ic." 

Mr.  Mrli^np  ssys  to  the  British  minister,  Mnreb  II,  1834  ! 


Si 


"  Now  the  proposition  of  the  President  is,  to  find  the  highlands  answering  the  descrip- 
tion of  those  called  for  by  the  treaty  of  1783,  and  to  them  from  the  nionumenl  to  run  a 
direct  line;  and  the  President  does  not  doubt  that,  with  the  aid  of  more  accurate  surveys 
by  skilful  persons  on  the  ground,  and  freed  from  the  restraint  hitherto  imposed  by  a  due 
north  line,  Bach  highlands  may  be  found;  and  which  either  the  commissioners  or  the 
arbiter  vii'ghl  have  found,  had  they  adopted  the  rule  now  proposed." 

Here  seems  to  be  a  very  distinct  admission,  nay,  almost  a  promise,  that 
highlands  could  be  or  should  be  found  clsetchcre  than  "directly  north." 
Maine  contends  that,  it  is  beyond  controversy,  that  they  exist  in  exact  con- 
formity to  the  treaty  in  that  precise  direction,  and  that  the  northwest  angle  of 
Nova  Scotia  is  and  can  be  nowhere  else  ;  she  does  not  admit  any  right,  an)-  • 
where,  to  surrender  this  strong  position. 

It  has  always  been  a  matter  of  much  surprise  to  me,  that  Great  Britain 
did  not  accede  to  this  proposal ;  inasmuch  as,  in  the  spirit  of  conciliation  it 
was  conceived,  the  assurances  with  which  it  was  pressed,  and  the  manner  it 
would  have  probably  been  executed,  there  can  be  little  doubi  of  the  result 
to  which  it  would  have  conducted.  The  proposition,  however,  did  not 
seem  to  meet  with  much  favor,  iti  the  judgment  of  the  British  cabinet.  They 
did  not  think  that  it  avoided  the  constitutional  objection.  Mr.  Vaughan 
said,  February  10,  1834,  that  a  line  thus  drawn,  would  not  be  the  line  of 
the  treaty,  and  therefore  would  be  liable  to  the  same  objection. 

"  The  State  of  Maine  might  object  lo  any  deviation  from  the  line  of  the  treaty  in  a 
westerly  direction,  as  justly  as  it  could  to  any  deviation  from  that  line  in  a  southerly 
direction.  Nay,  it  might  object  with  more  appearance  qf  reason  to  a  westerly  departure 
from  a  real  meridian,  which  it  distinctly  specifed  in  the  treaty,  than  to  a  departure 
southward  fiom  an  imaginary  line,  which  is  only  deacnbed  m  the  treaty,  and  the  finding 
of  which  is  a  thing  that  has  not  yet  been  accomplished." 

The  same  sentiment  he  expressed  on  other  occasions;  and,  amid  all  the 
nutiierous  aggressions  of  Great  Britain  upon  the  rights  of  Maine,  it  is  grati- 
fying to  discover  one  instance  wherein  slie  conceded  and  recognised  them, 
notwithstanding  our  own  Government  was  so  ready  to  abandon  them. 

The  final  answer  of  the  British  Government  to  the  overture  for  a  negoti- 
ation, was  dated  December  8,  1834,  wherein,  after  stating  that  the  rule  of 
discarding  a  meridian  line,  distinctly  named,  and  of  adopting  natural  bounda- 
ries, wiien  hi  th  do  not  coincide,  was  not  so  well  established  as  our  Govorn- 
mont  supposed  it  to  be,  and  reminding  it  that,  on  a  former  occasion,  in  regard 
to  a  due  ivest  line  from  the  Lake  of  the  Woods  to  the  Mississippi,  directly 
the  opposite  rule  was  contended  for  and  admitted;  it  proceeds: 

"Nevertheless,  {/■  the  President  of  the  United  Slates  is  persuaded  that,  notwithstanding 
any  oppnsilion  on  the  p:\rt  of  Maine,  ho  can  carry  tlirough,  on  this  occasion,  the  praclici  1 
applicution  of  the  principle  of  surveying  which  hr  hiu  proposiul,  and  if,  as  Mr.  McLnno  al- 
legoi  no  hope  remains  of  overcoming  the  constitutional  difllcully  in  any  other  way,  at  lenkt 
unlil'this  new  propniilion  shall  have  been  tried  and  foun<l  unavailing,  his  Mnjesty's  Gov- 
ernment  are  ready  to  forego  their  own  doubts  on  this  liond,  and  to  acquiesce  in  the  pro- 
ceeding proposed  by  the  President  of  the  Unitrd  States,  if  that  proceeding  can  be  carried 
into  ef^ct  in  a  manner  not  otherwise  objectionable." 

"  Overcoming  the  constitutional  dijficulti/^^  seems  to  have  been  the  motive 
of  the  proceeding  suggested  ;  and  tliere  was  no  other  mode  to  do  it,  to  rob 
Maine  of  its  rights,  but  a  resort  to  this  new  principle  of  surveying. 

The  British  minister  proceeded  to  explain  what  iio  meant,  by  the  exprps* 
■ion  "  carried  into  illect  in  a  manner  not  otherwise  objectionablo  ;"  and  it 
was  »imply  that  the  "  highlands"  mimed  in  the  treaty  should  be  sought  for 
iouth  of  tho  Si.  John,  and  in  no  event  north  of  it.  Failing  ofnn  agreement 
in  that  precise  form,  it  was  then  requested  to  admit,  on  ourmde,  that  the  St. 
John  wag  not  a  river  flowing  )»•-«  '•'•••s  ^'-Inntlc  ocean,  bocauso  its  mouth  wds 


i 


■aaP" 


'wmmmmmem 


B2 


\ 


in  the  bay  of  Fundy,  a  part  of  the  Atlantic  ocean ;  the  consequence  of 
which  would  have  been,  that  the  line  of  boundary  would  not  be  required  to 
pass  northward  of  the  source  of  that  river — in  short,  an  admission  that  would 
inevitably  have  given  the  larger  portion,  if  not  the  whole,  of  the  disputed 
territory  to  Great  Britain.  Much  correspondence  followed,  in  regard  to 
these  conditions  ;  our  Government  all  along  very  justly  refusing  to  yield  these 
points,  and  Great  Britain  persisting  that  she  would  enter  into  no  new  nego- 
tiations to  ascertain  the  treaty  line,  but  upon  these  terms.  She  was  willing 
to  negotiate,  and  go  through  certain  formal  proceedings,  provided  it  should 
be  agreed  beforehand^  what  the  conclusion  should  be.  At  length,  Mr. 
Forsyth,  with  a  decision  and  apparent  determination  which  I  wish  had  been 
earlier  taken,  and  more  frf  quently  exhibited,  replies  to  the  British  minister, 
in  ihis  way  : 

'  Can  his  Majfs'y's  Government  expect  the  Government  of  the  United  States  to  con- 
sent, before  the  selection  of  commissioners  of  examination  am'  survey,  and  the  appoint- 
ment of  an  umpire  to  decide  on  the  contingency  of  their  disagreement,  that  the  terminating 
point  of  the  line  running  due  north  from  the  source  of  the  St.  Croix  is  to  be  alone  looked 
tor  on  highlands  which  cannot  be  reached  from  the  westernmost  bend  of  the  bay  den  Cha- 
leurs  but  by  running  directly  across  high  mountains,  deep  valleys,  and  the  large  rivers  that 
flow  through  them  1  Agreement  between  the  United  States  and  Great  Britain  on  this 
point  is  impossible,  while  his  Majesty's  Government  continues  to  maintain  this  position." 

This  was  in  February,  1836;  and  thus  closed  the  attempts  which  had 
been  made  under  the  resolution  of  the  Senate  of  July,  1832.  The  prelimi- 
naries even  of  such  a  negotiation  were  never  adjusted  and  agreed  upon,  and 
it  has  never  been  commenced. 

The  history  of  the  whole  proceeding  may  be  found,  summarily  stated,  in 
several  executive  messages  conununicated  at  the  commencement  of  each 
successive  session  of  Congress. 

In  1832,  the  message  says,  that  agreeably  to  the  resolution  of  the  Senate, 
"  to  open  a  further  negotiation,  the  proposition  was  immediately  made  to  the 
Bptisfi  Government;"  but  circumstances,  which  had  been  previously  alluded 
to,  had  prevented  "  any  answer  being  given  to  the  overture.''''  The  message 
of  the  following  year,  ( 1833,)  says,  speaking  of  the  same  proposition :  "  though 
no  definitive  answer  has  licen  received,  it  may  bo  daily  looked  for,  and  I 
entertain  the  hope  that  th'  overture  may  ultimately  lead  to  a  satisfactory 
adjustment  of  this  important  matter."  Another  year  rolled  by,  and  in  1834 
we  were  told  by  the  President,  "  the  question  of  the  northeastern  boundary 
is  still  pending  with  Great  Britain  ;  and  the  proposition  made  in  accordance 
with  the  resolution  of  the  Senate  for  the  establishment  of  u  line  according  to 
the  treaty  of  1783  has  not  been  accepted.''^  In  other  words,  Great  Britain  had 
not  agreed  to  enter  upon  new  negotiations.  But  the  President  proceeds  : 
"  Believing  that  every  disposition  is  felt  on  both  sides  to  adjust  this  perplexing 
question  to  the  satisfaction  of  all  the  parties  interested  in  it,  the  hope  is  yet 
indulged  that  it  may  be  efl'ected  on  the  basis  of  that  proposition." 

^rom  an  examination  of  the  correspondence  between  the  two  Governments, 
as  it  stood  at  that  period,  I  confess,  sir,  that  I  am  wholly  unnblo  to  discover 
any  grounds  for  the  belief,  or  the  hope,  which  the  President  then  entertained. 
It  sulBced,  however,  to  satisfy  Maine,  that  exertions  were  not  wanting  on  tlm 
part  of  the  national  Government  to  secure  its  interests ;  and,  so  far,  it  accom- 
plished  its  purposes. 

At  the  next  session  of  Congress,  in  December,  1835,  the  message  an- 
nouncBB,  that  "  in  the  settlement  of  the  question  of  the  northeastern  boundary, 
little  progresi  has  been  made.  Great  Britain  has  declined  to  accede  to  the 
proposicion  presented  in  uccurUunce  with  the  resulutioii  ut  the  Senate,  unless 


and 


but  lliat  he  was 
satis- 
nt  of 


certain  preliminary  conditions  were  admitted  which  1  deemed  incompatible 
with  a  satisfactory  and  rightful  adjustment  of  the  controversy.  Waiting  for 
some  distinct  proposal  from  Great  Britain,  which  has  been  invited,  I  can  only 
repeat  the  expression  of  my  confidence,  that  with  the  strong  mutual  disposition 
which  I  believe  exists  to  make  a  just  arrangement,  this  perplexing  question 
can  be  settled  with  a  due  regard  to  the  icell-formded  pretensions  and  pacific 
policv  of  all  the  parties  to  j7." 

At' this  period,  therefore,  it  is  apparent  that  Great  Britain  had  refused  to 
open  new  negotiations,  except  upon  inadmissible  preliminary  conditions  ; 
yet,  the  President  had  invited  an  ofler  or  a  proposal  for  an  adjustment,  \yhich 
ho  believed  could  be  made  with  due  regard  to  the  "  icell-founded pretensions'' 
of  all  parties.  What  is  intended  to  be  implied  by  the  "  well-founded  preten- 
sions" of  Maine,  I  am  at  ?ome  loss  to  understand,  as  I  also  am  to  discover 
any  grounds  then  existing  for  the  "confidence"  entertained  by  the  President. 
\  year  afterwards  (1836)  we  had  the  satisfaction  to  be  informed,  that  the 
President  had  "  a«  undiminished  confidence  in  the  sincere  desire  of  his 
Britannic  Majesty's  Government  to  adjust  that  question  ; 
"  not  yet  in  possession  of  the  precise  grounds  upon  which  it  proposes  a  s 
factory  adjustment."  "  Confidence,"  it  is  somewhere  said,  "  is  a  pla 
very  slow  growth  ;"  and  it  may  hereafter  be  added,  is  of  very  strong  and 
enduring  constitution.  But  notwithstanding  all  these  assurances  of  confidence, 
we  are  now  informed,  by  the  message  of  1837,  "  that  we  are  apparently  as  far 
from  its  adjustment  as  we  were  at  ilie  lime  of  signing  the  treaty  of  peace  In 
178^' ."  Such  is  the  end  of  the  matter.  To  this  conclusion  we  have  come  at 
last,  and  we  are  now  to  consider  what  step  wb  will  next  take. 

(ireat  Britain  has  repeatedly  expressed  a  readiness  to  enter  upon  negotia- 
tions for  the  establishment  of  a  new  line,  and  on  one  occasion  made  a  distinct 
proposition  to  divide  the  disputed  territory  about  equally  between  the  parties. 
This  was,  of  course,  declined,  for  want  of  authority  on  the  part  of  our 
Government  to  dismember  one  of  the  States  of  the  Union.  A  proposition 
was  also  made  to  the  British  Government,  by  direction  of  the  late  President, 
so  long  ago  as  the  month  of  February,  1836,  to  which  we  are  informed  in  the 
last  annual  message  "  no  answer  has  as  yet  been  received.  The  attention 
of  the  British  Government  has,  however,  been  urgently  invited  to  the  subject, 
and  its  reply,  I  am  confident,  cannot  much  longer  be  delayed."  Confidence 
still.     How  much  longer  is  it  to  be  waited  for? 

But,  sir,  if  wc  look  to  the  proposition  itself,  and  the  manner  it  was  made, 
wc  shall  discover,  1  think,  some  reasons  why  it  has  not  yet  been  answered  , 
or,  rather,  we  shall  see  whether  in  point  of  fact  it  has  not  been  so  far  rejected, 
as  not  to  have  authorized  acquiescence  in  so  long  delay.  It  was  made  on  the 
29th  of  February,  1836.  in  these  words: 

"The  Prcrtidpnt  will,  if  his  Majcsly'^i  (JovcrniiuMit  coiisonls  lo  i(,  apply  (o  the  Htate  of 
Maine  for  itH  ameni  lo  muke  the  nvor  St.  John,  Irom  its  wnircc  to  iu  mouth,  the  bound- 
ary between  Maine  iiudhis  Uritounie  Majesty's  dominions  in  that  part  of  North  America.' 
It  was,  therefore,  not  an  unqualified  proposition  of  boundarf,  which,  if 
accepted,  would  have  been  obligatory  on  the  United  States.  Maine  was  still 
to  be  consulted.  It  carried  on  its  face,  that  the  General  Governnncnt  had 
not  of  itself  authority  to  enter  into  such  an  arrangement.  Great  Britain  was 
probably  a  little  sur|)rised  to  receive  such  a  proposition  after  several  admo- 
nitions she  had  given,  {hul preliminary  to  any  further  proceeding,  between  the 
two  nations,  the  Government  of  the  United  States  must  be  clothed  with  the 
power  of  etfrying  into  execution  any  arrangement  which  should  be  concluded 
3 


.■^^' 


mmm 


34 


i 


between  them.  So  long  ago  as  April,  1833,  Mr.  Vaughan,  in  allusion  to  the 
subject,  said  to  the  Secretary  of  State  : 

<«  And  it  is  specta%  essentia/ that  his  Majesty  should  be  previously  assured  that  the 
President  of  the  United  States  will  possess  the  power  of  carrying  into  full  effect  his  part 
of  any  engagement  which  may  be  concluded  between  the  plenipotentiaries  of  the  two 
Governments." 

And  again,  in  February,  1834,  the  same  minister  says,  that  his  Majesty's 
Government  claim,  among  other  things, 

"As  a  preliminary  to  any  attempt  (in  which  his  Majesty's  Government  would  gladly 
concur)  to  settle  the  remaining  point  by  negotiation,  they  ought  to  be  satisfied  that  the 
Government  with  which  they  will  have  to  treat  is  possessed  of  the  powers  necessary  foi 
carrying  into  effect  any  arrangement  upon  which  the  two  parties  might  agree." 

In  May,  1835,  also  : 

"As  to  any  proposition  which  it  may  be  tlie  wish  of  the  Government  of  the  United 
States  to  receive  from  his  Majesty's  Government,  respecting  a  conventional  substitute  for 
the  line  of  the  treaty  of  1783,  the  constant  allusion  in  the  correspondence  which  has  taken 
place  to  constitutional  difficulties  in  tlie  way  of  the  Executive  treating  for  any  other  Imff 
than  one  conformable  with  that  of  the  treaty,  until  the  consent  of  the  State  of  Maine  is 
obtained,  seems  to  point  out  the  necessity,  in  the  first  instance,  of  obtaining  that  object, 
which  must  be  undertaken,  exclusively,  by  the  General  Government  of  the  United  States." 

And  yet,  in  the  face  of  these  repeated  admonitions,  the  offer  was  eventually 
made  in  terms  plainly  Implying  a  want  of  authority,  and,  of  course,  reserving 
to  the  United  Slates  liberty  to  retract  it,  if  Maine  should  refuse  its  assent. 
Was  it  reasonable  to  expect  an  answer  to  such  a  proposition  so  made  1  Pos- 
sibly, however,  this  is  not  the  ground  of  the  delay.  It  may  be  that  Great 
Britain  thinks  the  proposition  was  sufficiently  rejected  at  the  moment  it  was 
offered.     Four  days  afterwards,  Mr.  Bankhead  replied  in  these  terms : 

"The  undersigned  considers  it  due  to  the  conciliatory  manner  m  which  the  President 
has  acted  throughout  this  discussion,  to  state,  frankly  and  clearly,  that  the  proposition 
offered  in  Mr.  Forsyth's  note,  to  make  the  river  St.  John,  from  its  source  to  its  mouth,  the 
boundary  between  the  United  States  and  his  Majesty's  Province  of  New  Brunswick,  is 
one  to  which  the  British  Government,  he  is  convinced,  will  never  agree ,  and  he  abstain- 
ed, in  his  note  of  the  28th  of  December,  from  any  alluison  to  it,  aa  the  best  proof  he  could 
give  oiits  utter  inadmissibility.^' 

Now,  sir,  to  a  proposition  which  we  were  j?ret)ioMs/y  admonished  could  not 
be  entertained,  and  which  we  were  so  distinctly  informed  at  the  time  was 
utterly  inadmissible ;  we  have  waited  two  whole  years  for  an  answer.  Wait 
yet  longer,  if  you  please,  but  only  to  receive  the  answer  at  last  that  it  was 
rejected  when  offered — rejected  even  before  offered. 

Mr.  Speaker,  tiiis  subject  in  all  its  bearings  is  one  interesting  and  important 
to  the  whole  Union.  It  is  not  a  matter  of  light  interest,  where  the  line  which 
separates  it  from  a  foreign  Power — a  rival  now,  and  hereafter,  possibly,  as 
heretofore,  an  enemy— should  be  fixed.  We  have  seen  with  what  tenacity 
Great  Britain  clings  to  the  object  of  obtaining  a  ''small  portion  of  waste 
country,^^  only  as  a  means  of  communication  between  the  Provinces — doubt- 
less a  measure  to  her  of  great  importance  and  strength  ;  and  just  in  the  same 
proportion,  a  measure  to  us,  if  yielded  to,  of  insecurity  and  weakness.  Al- 
ready has  that  far-seeing  nation  projected  an  immediate  and  direct  commu- 
nication between  Halifax  and  Quebec,  by  means  of  a  railroad  across  the 
disputed  territory.  Should  this  be  completed,  the  great  capital  of  British 
North  America,  the  Impregnable  Plains  of  Abraham— now  excluded  from 
communication  by  water  with  the  mother  country  for  half  the  year,  will  be- 
come almost  literaliy  un  open  winter  port. 

Men  and  munitions  of  war,  of  every  description,  will  then  be  transported 


■       r% 


on  to  the 

ed  that  the 
set  his  part 
of  the  two 

Majesty's 

ould  gladly 
ed  that  the 
jcessary  foi 


the  United 
ibstitute  for 
ii  has  taken 
y  other  lin& 
jf  Maine  is 
that  object, 
:ed  States." 

iventually 
reserving 
its  assent, 
le?  Pos- 
lat  Great 
ent  it  was 
Ttis : 

3  President 
proposition 
mouth,  the 
unsvvick,  is 
he  abstain- 
lof  he  could 

could  not 

time  was 

er.    Wait 

lat  it  was 

important 
line  which 
jssibly,  as 
t  tenacity 
of  waste 
s — doubt- 
I  the  same 
less.  AI- 
t  commu- 
across  the 
of  British 
id«'d  from 
,  will  be- 

ansported 


35 

with  the  greatest  despatch  and  facility,  along  the  whole  frontier  and  at  all 
Tpasons  of  the  year      The  men,  who  to-day,  man  their  fleets  and  fight  the.r 
bat  les  on  the  broad  bosom  of  the  ocean,  will,  to-morrow,  pour  out  the.r 
heavy  thunders  on  the  inland  seas,  and  light  up  the  lines  of  battle  along  the 
borders  of  the  far  West.     Military  posts  will  spr.ng  up,  and  environ  the  en- 
tire  line  of  boundary.     Is  it  not,  then,  readily  perceived,  that  this  is  a  subjec 
d  ep  Wimpo^tant  to  the  whole  country  ?     The  West  may  be  assured  that  it 
has  a  great  stake,  quite  as  great  as  has  the  East  in  its  proper  adjustment. 
In  any  form  it  may  finally  be  settled,  Maine  wdl  always  be  an  exposed  fron- 
Uer     but  the  degree  of  exposure  the  western  borders  of  the  country  will  be 
subject  to,  is  immensely  enhanced  by  surrendering  now  to  the  British  claim. 
Let  gentlemen  from  that  quarter  see  to  it  in  season. 

a'eat  Britain,  in  various  w.ys,  has   intimated  her  resolution  to   hold  the 
territory,  at  all  hazards  ;  and  is  constantly  pushing  forward  her  settlements, 
and  strengthening  her  positions.     Not  long  ago,  the  Lieutenant  Governor  of 
New  Brunswick  informed  the   Executive  of  Maine,  that  the  whole  military 
newer  of  British  North  America,  was  at  his  command,  and,  if  occasion  re- 
auired,  would  be  exerted,  to  maintain  the  possession  of  the  contested  tern- 
Zl.     The  same  sort  of  spirit  is  manifested  in  other  forms.     Measures  are 
resorted  to,  for  the  purpose  of  infusing  into  the  public  mind,  in  England,  a 
belief  of  t°e  gross  injustice  of  our  claim.     This  morning  only,  in  the  library, 
I  accidentally  look  up  the  last  number  of  the  United  Service  Journal,  a  work 
of  considerable  reputation,  published  in  London,  in  which  I  observed  a  letter 
written  by  some  pirson  probably  of  the  British  army,  from  the  very  heart  of 
he  territory  itself.     I  beg  leave  to  read  a  few  lines  of  it   to  show  the  feeling 
which  is  encouraged,  and  the  intimidation  practised,  to  deprive  our  S  ate  o 
Us  just  and  incontrovertible  rights.      It  purports  to  have  been  written  at 
Madawaska,  and,  in  describing  it,  he  says :  ■  ,  •    ,.    .        ...  ^r  u 

"  The  seulement  is  within  the  disputed  territory-w.th.n  that  portion  of  it, 
indeed,  which  was  awarded  to  the  United  States  in  the  King  ot  Holland  s  de- 
cision ;  and  the  poor  people  have,  in  consequence,  been  for  years  past  kept 
in  a  "instant  state  of  agitation  and  alarm,  by  the  intrigues  of  the  United 
States  whose  emissaries  are  constantly  among  them,  practising  upon  their 
fears  and  their  credulity  ;  and  to  such  length  has  this  system  been  earned, 
that  members  have  been  even  chosen  to  represent  the  fief  in  the  Legislature 
of  Maine,  and  the  two  countries  brought,  in  consequence,  to  the  very  verge  of 

'° ' '  tTic  notorious  bad  faith  of  the  neighboring  States,  in  this  conflicting  ques- 
tion cannot  be  too  strongly  reprobated  ;  for,  while  disclaiming  on  the  one 
3,  tl.e  u'stice  of  the  arbitrator's  award,  and  boldly  avowing  their  deter- 
mina  ion  to  accept  of  no  compromise  or  arrangement  short  of  the  cession  of 
lo  whole  territory,  no  actor  effort  has  been  spared  to  shake  the  allegiance  of 
these  well-disposed  but  ignorant  people  ;  and  1  am  well  persuaded-for  it  is 
u  eloss  to  blink  the  question-that,  unless  Great  Britain  should  decide  on 
abandoning  rights  which  she  has  so  long  maintained,  she  must  be  prepared  to 
submk  them,  ultimately,  to  a  more  powerful  and  decided  arbitration  than  we 
iiave  yet  appealed  to,  the  arbitration  oj  the  sword. 

After  fafther  description  of  the  features  of  the  country,  he  says,  of  the  nver 
Madawaska,  "  in  the  absence  of  any  road,  it  may  be  called  the  highway  to 
Quebec.  Shame,  shame  !  that  a  country,  such  as  England,  should  have  no 
hfitter  rnmmunication  between  her  American  colonies." 

Our  whole  policy  is  pacific  and  conciliatory.  A  rupture  between  the  nations, 
for  any  cause,  jy,  doubtless,  much  to  be  deprecated.     Aware  of  our  cherish- 


( 


-r-y- 


) 


36 

ed  sentiments  upon  this  subject,  Great  Britain  presumes  to  hold  the  language 
of  menace,  for  what  purposes  it  is  not  difficult  to  understand.  Means  are 
taken  to  impress  public  opinion  there,  strongly,  not  only  of  the  justice  of  her 
claim,  but  of  the  vast  importance  of  maintaining  it,  as  a  measure  of  strength 
and  security  to  the  colonies.  And  what,  meantime,  is  our  own  Government 
doing,  for  the  maintenance  of  our  rights,  our  security,  our  protection]  Is  it 
not  time  to  movo  efficiently  ?  Shall  we  gain  anything  by  fai  ther  dehy  ?  Maine 
is  watching  our  proceedings  with  great  anxiety.  The  eyes  of  all  its  people 
are  directed  towards  us.  If  the  State  is  to  be  abandoned  to  its  own  resources,  it 
does  not  become  me  to  say  what  measure  it  will  adopt ;  but  I  do  say,  it  desires 
to  be  informed  now,  of  your  ultimate  determination ;  for,  upon  that,  its  own 
course  will  largely  depend.  I  commend  this  subject,  theretore,  earnestly,  to 
the  prompt  consideration  of  this  House,  and  of  the  General  Government ; 
and  I  invoke  for  the  State  I  represent,  that  protection  which  the  constitution 
of  the  country  renders  it  your  duty  to  afford. 


,0^ 


e  language 
Means  are 
itice  of  her 
af  strength 
overnment 
tioni  Is  it 
ly?  Maine 
its  people 
jsources,  it 
,  it  desires 
at,  its  own 
rnestly,  to 
/ernment ; 
onstitution 


